1 CGHC010263152026 2026:CGHC:29224 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3585 of 2026 1 - Nirmala Ratre W/o Late Mohit Ratre Aged About 39 Years R/o Ward No.01 Nagar Paanchayat Lavan, Dist- Balodabazar Bhaatapara (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue Mantralaya Mahanadi Bhawan Atal Nagar, Nava Raipur, Dist- Raipur (C.G.) 2 - Collector Balodabazar Dist- Balodabazar-Bhaatapara (C.G.) 3 - Chief Municipal Officer Nagar Panchaayat - Lavan, Dist- Balodabazar-Bhaatapara (C.G.) 4 - Tehsildaar Balodabazar-Bhaatapara Dist- Baloda Bazar-Bhaatapara (C.G.) ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Mr. Manish Kumar Saluja, Advocate For State :- Mr. Soumitra Kesharwani, P.L. ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 13.07.2026 VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 1. Following reliefs have been prayed in this petition:- “(i) Issue an appropriate writ, order or direction quashing and setting aside the impugned eviction notice dated 03.07.2026 issued by Respondent No. 3, being arbitrary, illegal and unconstitutional; (ii) Issue an appropriate writ, order or direction commanding the respondents not to dispossess or evict the petitioner from the subject property except by following the due process of law and after considering the petitioner's claim for rehabilitation in accordance with law; (iii) Issue an appropriate writ, order or direction directing the respondents to comply with the order dated 22.11.2019 passed by this Hon'ble Court in W.P.(C) No. 4212 of 2019 and the consequential communication dated 31.12.2019 issued by the Collector, District Balodabazar-Bhatapara, by considering and deciding the petitioner's case for rehabilitation by passing a reasoned and speaking order within a time frame to be fixed by this Hon'ble Court; (iv) Issue an appropriate writ, order or direction directing the respondents to provide suitable rehabilitation/accommodation to the petitioner and her family before taking any coercive action of eviction, keeping in view that the petitioner and her family are homeless and landless; (v) (vi) Award costs of the present petition in favour of the petitioner; and 3 vi) Pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.” 2. Learned counsel for the petitioner, after arguing the matter for some time, submits that the petitioner may be granted some reasonable time to voluntarily remove the encroachment made by him over the land belonging to Police Station, Lavan. 3. Learned State counsel, on the basis of instructions, submits that the land in question stands allotted to Police Station, Lavan, and the police station has already been constructed over the said land. It is further submitted that the petitioner has been in unauthorized occupation of a portion of the said Government land for a considerable period and is an encroacher thereon. However, if this Court is inclined to grant reasonable time, the State would have no objection, provided the petitioner vacates the encroached land within the time so granted. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the submissions advanced by learned counsel for the parties and taking into consideration the assurance given by the petitioner through his counsel, the present petition is disposed of with a direction to the petitioner to remove the encroachment made by him over the land in question and hand over peaceful 4 and vacant possession thereof to the concerned authorities within a period of 45 (forty-five) days from today. 6. It is directed that, for a period of 45 days, the respondent authorities shall not take any coercive steps against the petitioner for removal of the encroachment. 7. It is made clear that this order has been passed solely on the basis of the assurance extended on behalf of the petitioner that he shall voluntarily vacate and remove the encroachment within the aforesaid period. It is further made clear that, upon expiry of the said period, if the petitioner fails to vacate the premises, it shall be open to the respondent authorities to remove the encroachment in accordance with law without any further notice. No further application or representation seeking extension of time shall be entertained by any authority on the strength of this order. 8. With the aforesaid observations and directions, the present petition stands disposed of. 9. No order as to costs. sd/- (Amitendra Kishore Prasad) Judge Vishakha