1 CGHC010327392022 2026:CGHC:30295 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4411 of 2022 1 - Pooja Mahato W/o Umesh Mahato Aged About 36 Years Category Scheduled Caste. 2 - Pinki Lahri W/o Amit Lahri Aged About 37 Years Category Scheduled Caste, 3 - Indu Sahni W/o Lakhan Kumar Sahni Graykar Aged About 27 Years Category Scheduled Caste 4 - Uttam Khare S/o Madan Khare Aged About 45 Years Category Scheduled Caste 5 - Archna Samunre W/o Jitendra Samundre Graykar Aged About 52 Years Category Scheduled Caste 6 - Sabnam Siddiqi W/o Kasim Siddiqi Aged About 34 Years 7 - Ratna Kalsha W/o Akash Kalsha Aged About 34 Years 8 - Pooja Samudre D/o Rajesh Samudre Aged About 27 Years 9 - Meena Das C/o Late Mohan Das Aged About 41 Years Category Scheduled Caste 10 - Atul Samudre S/o Deepak Samudre Aged About 26 Years Category Scheduled Caste 11 - Janki Athiya D/o Baijanth Athiya Aged About 47 Years Category Scheduled Caste. 12 - Shubham Langade S/o Sudarshan Aged About 25 Years Category Scheduled Caste 13 - Radhika Sumudre C/o Rahul Sumudre Aged About 22 Years Category Scheduled Caste 14 - Deepmala Mukhi C/o Vicky Mukhi Aged About 34 Years Category Scheduled AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.07.16 19:32:32 +0530 2 Caste 15 - Akant Mongre S/o Manoj Mongre Aged About 26 Years Category Scheduled Caste 16 - Suryanarayan Sukdan S/o Raja Sukdan Aged About 21 Years Category Scheduled Caste 17 - Shani Samudre S/o Putul Samudre Aged About 21 Years Category Scheduled Caste, 18 - Rajni Bai C/o Prahlad Aged About 52 Years Category Scheduled Caste 19 - Gaytree Graykar D/o Jivan Graykar Aged About 37 Years Category Scheduled Caste 20 - Somti Chimote W/o Puran Aged About 52 Years Category Scheduled Caste, 21 - Saraswati W/o Prem Lal Aged About 61 Years Category Scheduled Caste 22 - Rajesh Kumar Bhavrel S/o Belu Aged About 39 Years Category Scheduled Caste. 23 - Sarvan Kumar Bhavrel S/o Belu Aged About 26 Years Category Scheduled Caste 24 - Adarsh Chimote S/o Pratap Chimote Samudre Aged About 22 Years Category Scheduled Caste 25 - Gomti Bai W/o Pratap Samudre Aged About 50 Years Category Scheduled Caste 26 - Sharda Chimote D/o Puran Chimote Aged About 41 Years Category Scheduled Caste 27 - Sharmila Bai Sharvari D/o Tulshi Das Sharvari Aged About 44 Years Category Scheduled Caste 28 - Gangotri D/o Jivan Graykar Aged About 35 Years Category Scheduled Caste, 29 - Savita Mongrel C/o Sharda Kumar Mongrel Aged About 31 Years Category Scheduled Caste, 30 - Reena Chinna C/o Anil Chinna Aged About 41 Years Category Scheduled Caste 31 - Rajkishor Khudisha S/o Bhikhari Khudisha Aged About 48 Years Category Scheduled Caste, 32 - Pooja Graykar D/o Bhola Graykar Aged About 27 Years Category Scheduled Caste, 3 33 - Saritam D/o Bhola Graykar Aged About 35 Years Category Scheduled Caste, 34 - Neelam Graykar D/o Jivan Graykar Aged About 34 Years Category Scheduled Caste 35 - Dilip Graykar S/o Late Shivnath Aged About 40 Years Category Scheduled Caste 36 - Mamta Samundre W/o Sanju Samundre Aged About 41 Years Category Scheduled Caste 37 - Nisha D/o Ganesh Aged About 37 Years Category Scheduled Caste, 38 - Mukesh Kheriya S/o Ganesh Kheriya Aged About 34 Years Category Scheduled Caste 39 - Raju Arkhel S/o Pralad Aged About 56 Years Category Scheduled Caste, 40 - Pappu Kumar Mahettar S/o Durga Prasad Mahettar Aged About 45 Years Category Scheduled Caste 41 - Bhairi Bai C/o Durga Prasad Aged About 73 Years Category Scheduled Caste. 42 - Mahesh Kumar Baksel S/o Chamru Lal Baksel Aged About 59 Years Category Scheduled Caste 43 - Bharat Samundre S/o Suresh Samundre Aged About 40 Years Category Scheduled Caste All are R/o Ward 70, Bapu Nagar, Juggi Jhopdi, Tahsil Bilaspur, District : Bilaspur, Chhattisgarh --- Petitioner(s) versus 1 - Union Of India Through Secretary, Department Of Railway, New Delhi (India) 2 - General Manager S E C R, Bilaspur Division Bilaspur, District : Bilaspur, Chhattisgarh 3 - Senior Sub Divisional Engineer (Work) S E C R, Bilaspur Division Bilaspur, District : Bilaspur, Chhattisgarh 4 - Senior Sub-Divisional Engineer (Awash) S E C R, Bilaspur Division Bilaspur, District : Bilaspur, Chhattisgarh 5 - State Of Chhattisgarh Through Secretary Department Of Urban Administration And Development, Mantralay, Mahanadi Bhawan, Naya Raipur, Chhattisgarh 6 - Collector Bilaspur, District : Bilaspur, Chhattisgarh 7 - Superintendent Of Police Bilaspur, District : Bilaspur, Chhattisgarh 4 8 - Commissioner Municipal Corporation Bilaspur, District : Bilaspur, Chhattisgarh 9 - Station House Officer Police Station Torwa, District : Bilaspur, Chhattisgarh. --- Respondent(s) ----------------------------------------------------------------------------------------------- For Petitioner :- Mr. KPS Gandhi, Advocate For State :- Mr. Shreyansh Mehta, P.L. For Respondents/Union :- Mr. T.S. Sahu, Central Govt. Counsel on behalf of of India Mr. Ramakant Mishra, DSGI. For Respondent No.8 :- Mr. Ashish Tiwari, through VC with Ms. Aarti Tiwari, Advocates. ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 16/07/2026 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 issue a writ of prohibition or any other appropriated writ directing the respondents to not to demolish the house of the petitioner and not to evict the petitioners from their land in possession. 10.2 That, This Hon'ble Court may kindly be pleased to pass an order directing the respondent to regularize the holding of land possession by way of grant of patta under different scheme of the Government. 10.3 That, this Hon'ble Court may kindly be pleased to pass a writ of mandamus directing the respondent to provide the petitioners a just and proper rehabilitation to a suitable place of residence near Bapu Nagar, Bilaspur. 10.4 Any other relief which may be suitable in the facts and circumstances of the case, may also be granted. 5 10.5 Any other relief as deemed fit by this Hon'ble Court. 2. Learned counsel for the petitioners submits that the petitioners are residents of Bapu Nagar, Bilaspur who were residing therein peacefully until respondents proposed demolition of their houses. 3. Learned counsel for the petitioners submits that the petitioners were found eligible for rehabilitation and their names are duly reflected in the list of eligible beneficiaries prepared for the purpose of rehabilitation. It is further submitted that the petitioners are ready and willing to shift to the rehabilitated accommodation to be provided by the Municipal Corporation, respondent authority, and has no objection in accepting such rehabilitation facility in accordance with the scheme/policy applicable. 4. Learned counsel appearing for respondents Union of India submits that the land in question belongs to the Railway authorities and the petitioners are an unauthorised occupant over the said premises. It is submitted that the Railway Administration has taken action in accordance with law and has no objection to rehabilitation of eligible occupants by the competent authority as per the applicable policy. Since the petitioners have been found eligible for rehabilitation by the Municipal Corporation, they may be directed to cooperate in the rehabilitation process and, upon allotment of rehabilitated accommodation, vacate the Railway premises peacefully. 5. Learned counsel appearing for the respondent No.8–Municipal Corporation submits that some of the petitioners are having alternate means of accommodation yet they have encroached upon the subject land. He further submits that if the petitioners are found eligible for rehabilitation and if their 6 names finds its place in the list of eligible beneficiaries, they will surely be considered after due verification. It is submitted that the Corporation shall provide rehabilitated accommodation to the petitioner in accordance with the applicable policy and prescribed procedure. Since the petitioners have expressed their willingness to accept the rehabilitated accommodation, the grievance raised in the petition does not survive. The petitioners may be directed to cooperate with the Corporation for completion of the rehabilitation process and accept the allotted accommodation in accordance with law. 6. Learned counsel appearing for the State authorities submits that the petitioners have already been found eligible for rehabilitation and their name has been included in the list of eligible beneficiaries. It is submitted that the rehabilitation process shall be undertaken by the competent authority in accordance with the applicable policy, rules and guidelines. Since the petitioners are willing to accept the rehabilitated accommodation, the State authorities shall extend necessary cooperation for completion of the rehabilitation process in accordance with law. It is further submitted that the petition may be disposed of with a direction to all concerned to proceed as per the rehabilitation scheme and for the petitioners to cooperate in shifting to the allotted accommodation. 7. I have heard learned counsel for the parties and perused the material available on record. 8. Considering the facts and circumstances of the case, and taking note of the submissions made by learned counsel for the parties, it appears that the some of the petitioners have already been found eligible for rehabilitation 7 and the petitioners have also expressed their willingness to accept the rehabilitated accommodation provided by the Municipal Corporation. However, some of the petitioners have not been found eligible for rehabilitaion as they are having their own alternate accommodation. 9. In view of the aforesaid, the respondent–Municipal Corporation is directed to take necessary steps for handing over the possession of the rehabilitated accommodation to the eligible petitioners after due verification. The petitioners shall approach the concerned authorities of the Municipal Corporation within a period of seven days from today. Upon such approach, the Municipal Corporation shall verify the eligibility/status of the petitioners and, if their name is found reflected in the list of eligible beneficiaries, the keys and possession of the allotted rehabilitated accommodation shall be handed over to them in accordance with law. The petitioners who were found either eligible or not eligible shall remove their encroachment within 45 days from the date of receipt of copy of this order. 10.With the aforesaid direction, the present writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Avinash