1 CGHC010381282022 2026:CGHC:28480 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5321 of 2022 1 - Ramadhar Sahu S/o Shri Bhagela Sahu Aged About 50 Years R/o Village Kuanmalagi Police Chowki Damapur Police Station Kunda Tahsil Pandariya, District : Kawardha (Kabirdham), Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Chief Secretary Rajasv Eva Apada Prabandhan Vibhag, Mantralaya Mahanadi Bhavan, Atal Nagar Naya Raipur, District : Raipur, Chhattisgarh. 2 - Collector District- Kabirdham, District : Kawardha (Kabirdham), Chhattisgarh. 3 - Nayeb Tahsildar Kunda District- Kabirdham, District : Kawardha (Kabirdham), Chhattisgarh. 4 - Arjun Sahu S/o Shri Bhagela Sahu Aged About 45 Years R/o Village Kuanmalagi Police Chowki Damapur Police Station Kunda Tahsil Pandariya, District : Kawardha (Kabirdham), Chhattisgarh. 5 - Vishnu Sahu S/o Arjun Sahu Aged About 25 Years R/o Village Kuanmalagi Police Chowki Damapur Police Station Kunda Tahsil Pandariya, District : Kawardha (Kabirdham), Chhattisgarh. 6 - Amrika Bai W/o Vishnu Sahu Aged About 24 Years R/o Village Kuanmalagi Police Chowki Damapur Police Station Kunda Tahsil Pandariya, District : Kawardha (Kabirdham), Chhattisgarh. ... Respondent(s) RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 For Petitioner(s) : Mr. Suresh Kumar Pandey, Advocate. For Respondent(s)/State : Mr. Soumitra Kesharwani, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 09/07/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1. That, this Hon'ble Court may kindly be pleased to call the entire records of the case, from the Court below. 10.2. That this Hon'ble Court be kindly be pleased to direct the Respondent specially the Respondent No.03, i.e. Nayeb Tahsildar Kunda Tahsil Pandariya District Kabirdham to get demolished the illegal construction raised by the private Respondent No.04,05 & 06, and get vacated the Government land situated at Villiage Kuanmalagi Patwari Halka No.50, bearing Khasara No. 142/1 in area admeasuring 39 feets by 26 feets out of 1.84 hectares of the Government land by raising Pakka house construction, within the period stipulated by This Hon'ble Court, and further be directed to decide the case of the Petitioner within limited period affixed by this Hon'ble Court. 10.3. That any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may also be granted in the favour of the petitioners and against the 3 Respondents.” 2. Learned counsel appearing for the petitioner submits that proceedings for removal of the alleged encroachment have already been initiated before the concerned Naib Tahsildar, Kunda, District Kabirdham (Kawardha), Chhattisgarh. He further submits that, on an earlier occasion also, when encroachments were made over the Government land in question, the petitioner had submitted complaints before the competent revenue authorities, pursuant to which appropriate orders were passed for removal of the said encroachments. However, despite the orders passed by the competent authority and the pendency of the proceedings for removal of encroachment, no effective action has been taken till date for complete removal of the encroachments allegedly made by respondents No. 4 to 6. It is contended that respondents No. 4 to 6 continue to remain in illegal occupation of the Government land in question and the encroachments made by them have not yet been removed. Learned counsel, therefore, submits that appropriate directions may be issued to the concerned revenue authority for expeditious consideration and conclusion of the pending proceedings in accordance with law. 3. Per contra, learned counsel appearing for the State opposes the submissions advanced on behalf of the petitioner and the prayer made in the present writ petition. 4. Heard learned counsel appearing for the parties and perused the material available on record. 4 5. Considering the nature of the relief sought by the petitioner and taking note of the submission that the proceedings relating to removal of encroachment are still pending consideration before the concerned Naib Tahsildar, Kunda, District Kabirdham (Kawardha), Chhattisgarh, this Court is of the considered view that the ends of justice would be served by directing expeditious consideration of the pending proceedings. Accordingly, the petitioner is directed to file an appropriate application before the concerned Naib Tahsildar seeking urgent hearing and early disposal of the pending case. In the event such an application is filed, the concerned Naib Tahsildar, Kunda, District Kabirdham (Kawardha), Chhattisgarh, shall consider the same and proceed to hear and decide the pending proceedings strictly in accordance with law, after affording due and reasonable opportunity of hearing to all the parties concerned. The entire proceedings shall be concluded and disposed of within a further period of 45 days. 6. The concerned Naib Tahsildar, Kunda, District Kabirdham (Kawardha), Chhattisgarh, shall also take note of the fact that the matter is stated to be pending before the said authority since 19.04.2022. Therefore, if the aforesaid proceedings have not already been concluded or finally decided, the directions issued hereinabove shall be complied with in their letter and spirit, and the pending proceedings shall be decided, strictly in accordance with law, within a period of 45 days from the date of receipt of a copy of this order. 5 7. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat