1 CGHC010250732026 2026:CGHC:28824 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3489 of 2026 1 - Smt. Biram Bai Sahu W/o Shri Bain Lal Sahu Aged About 45 Years R/o Village - Usribod, Post And P.S. Usribod, Tahsil And District Rajnandgaon Chhattisgarh 2 - Bain Lal Sahu S/o Late Shri Sakhru Lal Sahu Aged About 51 Years R/o Village Usribod, Post And P.S. Usribod, Tahsil And District Rajnandgaon Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Nagriy Nikay, Mahanadi Bhawan New Raipur, District Raipur Chhattisgarh 2 - Collector, Rajnandgaon District Rajnandgaon Chhattisgarh 3 - Sub Divisional Officer Rajnangaon, District Rajnandgaon Chhattisgarh 4 - Secretory Panchayat Village Usribod, Post And P.S. Usribod, Tahsil And District Rajnandgaon Chhattisgarh 2 ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Ravi Kumar Bodhari, Advocate through V.C. and Mr. Ankush Soni, Advocate For State : Mr. Soumitra Kesharwani, P.L. Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 09.07.2026 1. Learned counsel for the petitioner submits that a notice dated 19.06.2026 was issued by the concerned Gram Panchayat through its Village Development Committee directing removal of the alleged encroachment. Thereafter, another notice dated 24.06.2026 was also issued. It is submitted that the petitioner appeared before the Gram Panchayat and also submitted representations/complaints before the concerned Tehsildar as well as the Collector, bringing the grievance to their notice. However, despite the same, no effective action has been taken by the respondent authorities. It is further submitted that the rainy season is presently underway and the petitioner's construction has already been removed. However, no appropriate action has been initiated against the concerned Gram Panchayat in accordance with law. Learned counsel, therefore, prays for appropriate directions to the respondent authorities to consider the petitioner's grievance and take necessary action in accordance with law. 3 2. Learned State counsel submits that the notices impugned by the petitioner have been issued under Section 56 of the Panchayat Raj Adhiniyam. Therefore, it is incumbent upon the petitioner to submit an appropriate reply before the competent authority in response to the said notices. It is further submitted that, although the petitioner has submitted complaints before the Collector as well as the Superintendent of Police, he has not filed any reply to the notices before the concerned authority. In such circumstances, the petitioner has an efficacious opportunity to place his defence before the competent authority, and the said authority shall consider the same in accordance with law. 3. I have heard learned counsel for the parties and perused the material available on record. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the aforesaid facts and circumstances of the case, this Court is of the opinion that the petitioner has an efficacious remedy of submitting a reply to the notices dated 19.06.2026 and 24.06.2026 issued under Section 56 of the Panchayat Raj Adhiniyam. Accordingly, the petitioner is directed to file a comprehensive reply to the aforesaid notices before the concerned Gram Panchayat within a period of seven (7) days from today. 4 6. Upon receipt of the petitioner's reply, the concerned Gram Panchayat shall consider the same, afford the petitioner an opportunity of hearing, if so required, and pass a reasoned and speaking order strictly in accordance with law within a period of forty-five (45) days thereafter. 7. Till expiry of the aforesaid period of forty-five (45) days, or till the decision on the petitioner's reply, whichever is earlier, no coercive steps shall be taken against the petitioner pursuant to the notices dated 19.06.2026 and 24.06.2026. 8. With the aforesaid observations and directions, the present writ petition stands disposed of. 9. No order as to costs. sd/- Sd/- (Amitendra Kishore Prasad) Judge vishakha