1 CGHC010279392026 2026:CGHC:30344 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3771 of 2026 1 - Vikash Kesharwani S/o Vishram Kesharwani Aged About 30 Years R/o Village Aamadol, Tahsil - Kharsiya, District Raigarh Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh 2 - Collector Raigarh District Raigarh Chhattisgarh 3 - Sub Divisional Officer (Revenue) Kharsiya, District Raigarh Chhattisgarh 4 - Tahsildar - Kharsiya District Raigarh Chhattisgarh 5 - Revenue Inspector - Sarwani Tahsil - Kharsiya, District Raigarh Chhattisgarh 6 - Halka Patwari Patwari Halka No. 40, Village Aamadol, Tahsil - Kharsiya, District Raigarh Chhattisgarh 7 - Station House Officer (S H O) Police Station Kharsiya, District Raigarh Chhattisgarh 8 - Ghanshyam Patel S/o Late Bundram Patel Aged About 40 Years R/o Village Aamadol, Tahsil - Kharsiya, District Raigarh Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Ravi Kumar Bhagat, Advocate. For State : Shri RK Gupta, Addl AG. SB: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 17/07/2026 1. This Writ Petition has been filed for the following reliefs:- 10.1 This Hon'ble Court may kindly be pleased to directed AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.07.17 14:46:19 +0530 2 the respondent State to call relevant records, pertaining to the instant matter. 10.2 This Hon'ble Court may kindly be pleased to directed to Issue an appropriate writ, order or direction, preferably in the nature of Certiorari, quashing and setting aside the impugned order dated 10.06.2026 passed by the Tahsildar, Kharsiya in Revenue Case No. 202506040500191/A-68/2024-25, being illegal, arbitrary and violative of the principles of natural justice. 10.3 This Hon'ble Court may kindly be pleased to directed to Issue an appropriate writ, order or direction, preferably in the nature of Mandamus, restraining the respondents, their officers, servants and agents from demolishing or removing the residential hut/structure standing over the land measuring approximately 17 x 14 238 sq. metres, situated at Government Forest (Hill), Pahal Halka No. 40, Tahsil- Kharsiya, District-Raigarh, pursuant to the impugned order. 10.4 This Hon'ble Court may kindly be pleased to directed to Issue an appropriate writ, order or direction directing the respondents to afford the petitioner's mother, Smt. Anusuiya Bai Gupta, a fair and effective opportunity of hearing after her release on bail and thereafter decide the revenue proceedings afresh in accordance with law. 10.5 This Hon'ble Court may kindly be pleased to directed to Issue an appropriate writ, order or direction directing the respondents not to take any coercive action against the petitioner or his mother, including demolition or dispossession, except by following due process of law and after providing adequate opportunity of hearing. 10.6 This Hon'ble Court may kindly be pleased to Grant any other relief(s) deemed fit and proper in the facts and circumstances of the case, including costs of the petition. 3 2. Learned counsel for the petitioner submits that petitioner is a resident of village Aamadol, tehsil Kharsiya, District Raigarh and has occupied government land having area 17 x 14 = 238 sq. mt. Situated at government forest (hill) adjacent to NH 49. He submits that in pursuance of order dated 10.06.2026 passed by the Tehsildar Kharsiya, District Raigarh C.G. whereby it has been directed to petitioner to remove his encroachment from the subject land within 15 days, a notice for removal of encroachment has been issued on 14.07.2026 by the Tehsildar Kharsiya against the petitioner for removal of encroachment made by the petitioner before 17.07.2026. Learned counsel for the petitioner submits that the notice dated 14.07.2026 was never communicated to the petitioner who anyhow got the notice from his own as in the said notice, it has been directed to remove the encroachment before 17.07.2026, as such, there is serious urgency in this case. He submits that he is willing to approach the concerned Sub-Divisional Officer who is the appellate authority against the order dated 10.06.2026 passed by the Tehsildar, however, he submits that till then some interim protection may be granted in favour of the petitioner. 3. Learned State counsel submits that the petitioner is having alternative remedy to approach the SDO against the order of Tehsildar dated 10.06.2026, however, petitioner is not at all entitled to possess the land in question which is admittedly a forest land (hill) and order passed by the Tehsildar on 10.06.2026 has rightly been passed. 4. Having heard learned counsel for the parties and also perusing the record, it is evident that order dated 10.06.2026 has been passed by the Tehsildar, Kharsiya, District Raigarh C.G., whereby petitioner has been directed to 4 remove his encroachment, however, considering the submission that petitioner wants to challenge the same before the SDO in an appeal, this Writ Petition is disposed of directing the petitioner to pursue the matter before the concerned SDO by filing appropriate appeal/petition/application within a period of 10 days from today. Since the petitioner contends that he was never served with the notice dated 14.07.2026, according to which removal of encroachment will be made before 17.07.2026, as such, till 10 days from today, Tehsildar Kharsiya, District Raigarh C.G. is directed not to take any coercive steps against the petitioner in pursuance of notice dated 14.07.2026 (Annexure P/1). Sd/- (Amitendra Kishore Prasad) Judge Avinash