1 CGHC010273532026 2026:CGHC:31413 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3818 of 2026 Sourabh Kumar Goyal S/o Late Shri Rajkumar Goyal Aged About 37 Years R/o Ward No. 10, Jain Colony Saraypali, Thana And Tahsil - Saraypali, Distt. Mahasamund Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh 2 - Engineer-In-Chief Public Works Department, North Block Sector-19, Nirman Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh 3 - Chief Engineer Public Works Department National Highway Zone, Raipur, Distt. Raipur Chhattisgarh 4 - Executive Engineer Public Works Department National Highway Division, Raipur, Distt. Raipur Chhattisgarh 5 - Sub-Divisional Officer National Highway Sub-Division No. 1, Public Works Department, Raipur, Distt. Raipur Chhattisgarh 6 - Tahsildar Saraypali Distt. Mahasamund Chhattisgarh 7 - Bhujrang Say Paikra S/o Late Shri Bidhhnath Say Paikra Aged About 50 Years Sub-Engineer- National Highway Division, P W D, Bilaspur, R/o House No. 66, Ward No. 10, Near Jaystambh Chowk, Saraypali, Distt. Mahasamund Chhattisgarh ... Respondents (Cause-title taken from Case Information System) YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.07.24 18:02:47 +0530 2 For Petitioner : Mr. Sunil Sahu, Advocate For State : Mr. Anand Dadariya, Deputy Advocate General For NHAI : Mr. Dhiraj Kumar Wankhede, Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 23.07.2026 1. By filing the present writ petition, the petitioner has called in question the inaction on the part of the respondent authorities in not taking appropriate steps for removal of the alleged encroachment over Government land comprised in Khasra Nos. 777 and 682/1, recorded in the name of the Public Works Department, National Highway Division, and seeks appropriate directions for removal of such encroachment. The petitioner has prayed for following relief(s) :- “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records from the office of respondents for kind perusal of this Hon'ble Court. 10.2 That this Hon'ble Court may kindly be pleased to issue an appropriate writ directing the respondent No. 3 to 6 to remove the encroachment of respondent No. 7 from the Govt. land old Godown & office of PWD National Highway Division -1. 10.3 That this Hon'ble Court may kindly be pleased to direct the respondents authority to consider and decide the representation submitted by the petitioner in light of the 3 judgment passed by this Hon'ble court in respect to encroachers case. 10.4 Any other relief/relief's in favour of the Petitioner, which the Hon'ble Court deem fit & just in the facts and circumstances of the case, including awarding of the costs to the Petitioner.” 2. Learned counsel for the petitioner submits that despite repeated representations and despite the proceedings undertaken by the Revenue Authorities, no effective action has been taken for removal of the encroachment allegedly made by respondent No.7 over the Government land and the old godown/office building belonging to the Public Works Department, National Highway Division. It is submitted that the petitioner has been pursuing the matter before various authorities, however, except exchange of correspondence, no concrete action has been taken till date. 3. Learned counsel appearing for the Public Works Department, National Highway Division, submits that if the factual position is found to be as alleged by the petitioner, the Department shall certainly take appropriate action against respondent No.7 strictly in accordance with law. 4. At this stage, learned counsel for the petitioner has placed on record a communication dated 20.07.2026 issued by the Sub- Divisional Officer, Public Works Department, National Highway Sub-Division No.1, Raipur, addressed to the Tehsildar, Saraipali, District Mahasamund. 4 5. A perusal of the said communication prima facie reveals that the Public Works Department itself has recorded that the old office building as well as the Government land belonging to the Department are under unauthorized occupation of respondent No.7. The communication further records that despite issuance of repeated directions to respondent No.7 to vacate the Government premises and submit a compliance report, no such compliance has been made. The competent departmental authority has also expressed the view that respondent No.7 does not appear to have any intention of vacating the Government property and has, therefore, sought necessary legal assistance from the Revenue Authorities for securing vacant possession of the Government land and building. 6. Having heard learned counsel for the parties and considering the material placed on record, particularly the communication dated 20.07.2026 issued by the Sub-Divisional Officer, Public Works Department, National Highway Sub-Division No.1, Raipur, this Court is of the opinion that the matter requires immediate consideration by the competent authorities. The said communication itself indicates that the departmental authorities have noticed the alleged unauthorized occupation of Government property and have sought assistance from the Revenue Authorities for its removal. 5 7. Accordingly, without expressing any opinion on the merits of the rival claims or recording any final finding regarding the alleged encroachment, this writ petition is disposed of with the following directions: (i) The petitioner shall submit all relevant documents, including a certified copy of this order and the documents annexed with the writ petition, before the Collector, Mahasamund and the Chief Engineer, Public Works Department, National Highway Zone, Raipur, within a period of 10 days from today. (ii) Upon receipt of the aforesaid documents, the Collector, Mahasamund, in coordination with the Chief Engineer, Public Works Department, National Highway Zone, Raipur, and other competent authorities, shall examine the entire matter, including the communication dated 20.07.2026 and the records relating to the land in question. (iii) If, upon such examination, it is found that respondent No.7 is in unauthorized occupation of the Government land and/or the old office building belonging to the Public Works Department, National Highway Division, the competent authorities shall take all necessary steps for removal of such unauthorized occupation strictly in accordance with law. (iv) Before passing any adverse order against respondent No.7, the competent authority shall afford him a reasonable 6 opportunity of hearing, as he is stated to be serving as a Sub-Engineer in the Public Works Department, National Highway Division, and any action affecting his rights shall be taken only after following the principles of natural justice. (v) The entire exercise shall be completed within a further period of 15 days from the date of submission of the documents by the petitioner. (vi) After completion of the aforesaid exercise, the Collector, Mahasamund shall ensure that a compliance report indicating the action taken pursuant to this order is forwarded to the Registrar (Judicial) of this Court. 8. It is made clear that this Court has not expressed any opinion on the merits of the controversy, and the competent authorities shall independently examine the matter on the basis of the records and applicable law, without being influenced by any observation made in this order. 9. With the aforesaid observations and directions, the writ petition stands disposed of. Sd/- Sd/- (Amitendra Kishore Prasad) Judge Yogesh