1 CGHC010252412021 2026:CGHC:31089 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3931 of 2021 1. Lekh Ram Sahu S/o Atma Ram Sahu, Aged About 30 Years R/o Village Atar Gaon, Tehsil Churiya, District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh ... Petitioner versus 1. State of Chhattisgarh Through Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, District Raipur Chhattisgarh. 2. The Collector, Rajnandgaon, District Rajnandgaon Chhattisgarh. 3. Zila Panchayat, Through The Chief Executive Officer, Rajnandgaon, District Rajnandgaon Chhattisgarh 4. Janpad Panchayat, Through Chief Executive Officer, Tehsil Churiya, District Rajnandgaon Chhattisgarh. 5. Gram Panchayat, Through Sarpanch, Village Atargaon, Tehsil Churiya, District Rajnandgaon Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Vibhor Goverdhan, Advocate For Respondent No.1 & 2 : Mr. Malay Jain, Panel Lawyer For Respondent No.4 : Mr. Alok Bakshi, Advocate For Respondent No.5 : Mr. Parag Kotecha, Advocate SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI 2 SB: Hon’ble Mr. Justice Parth Prateem Sahu Order on Board 21/07/2026 1. Heard on application dated 26.7.2026 for taking documents on record filed by respondent No.5, which is being not opposed by other sides, is allowed and the documents annexed therewith are taken on record. 2. Petitioner has filed this writ petition seeking following reliefs:- “10.1.That, the records pertaining to the demolition and enquiry of the house of the petitioner situated at Khasra No.146, village atar gaon, tehsil churiya, District Rajnandgaon, may be kindly called for kind perusal of the Hon’ble Court. 10.2. That the impugned notices (Annexure P/3) issued by the Gram Panchayat against the petitioner for removal of encroachment and Report dated 24.07.2021 (Annexure P/7) may be set aside and respondent authorities may be directed to not distrub the peaceful possession of the petitioner on land in dispute otherwise than in due process of law. 10.3 That any other relief which this Hon’ble court may deem fit and just in the facts and circumstances of the case.” 3 3. Learned counsel for petitioner submits that petitioner is in possession of land bearing Khasra No.146 area 11,772 sq. ft. situated in Village Atargaon, Janpad Panchayat Churiya, District Rajnandgaon since last more than 50 years. Petitioner received a notice from respondent No.5 for removing his possession over the aforementioned land and a house constructed thereon on the ground that land is a government land and reserved for paddy procurement centre. Upon inquiry, petitioner came to know that said land is recorded in the name of State Government (taxy tIr). He submits that possession of petitioner over the land in question is not by way of encroachment. If for any reason respondent No.5 is to initiate proceeding for removing possession of any person from the government land / open land, then the procedure prescribed under the Chhattisgarh Land Revenue Code, 1959 (for short ‘the Code of 1959’) is to be followed. Referring to Section 148 of the Code of 1959, he submits that respondent No.5 could submit an application before the Tahsildar for removal of encroachment on government land after passing resolution in this regard under Section 56 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short ‘the Adhiniyam, 1993’). He submits that no such procedure is followed in case of petitioner and therefore, impugned notice is bad in law. He also submits that part of the house constructed over 4 land in question has already been illegally demolished without following due process of law. 4. Learned counsel appearing on behalf of respondent No.5 would submit that gram panchayat is having power under Section 56 of the Adhiniyam, 1993 to remove obstruction / encroachment / possession of a person over the government / open land. Respondent No.5 after following due process of law convened meeting of gram panchayat and resolution for removing encroachment upon the land in question was passed and pursuant thereto application is forwarded to the Tahsildar on 12.3.2021 as also a letter is sent to the SDO on 4.3.2021. The SDO vide letter dated 10.3.2021 directed respondent No.5 to initiate proceeding for removing encroachment as provided under Sections 54, 55 and 56 of the Adhiniyam, 1993. Hence, it is clear that respondent No.5 has acted strictly in accordance with law and direction issued by the SDO. 5. Learned counsel appearing on behalf of respondent State as also respondent No.4 would submit that possession of the petitioner is over the land reserved for Paddy Procurement Centre. Mr. Bakshi submits that gram panchayat has followed due procedure as provided and thereafter passed the resolution for removing encroachment from the land reserved for paddy procurement center. 5 6. Heard learned counsel for respective parties and perused the documents available in record of writ petition. 7. It is not in dispute that land situated in village Atargaon, which is in possession of petitioner, is recorded as a government land (taxy tIr) in revenue records. 8. Perusal of resolution dated 25.2.2021, which is placed on record along with application dated 26.7.2026 for taking documents on record, would show that respondent Gram Panchayat, upon detecting encroachment on government land by petitioner, which is reserved for paddy procurement center, has resolved to refer the matter to the Sub-Divisional Officer (R) and Tahsildar Dongergaon to initiate the proceeding for removal of encroachment made by petitioner over government land. On 4.3.2021, Sarpanch of Gram Panchayat sent a letter to the Sub-Divisional Officer (R) Dongergaon requesting to initiate proceeding for removing encroachment made by petitioner over government land. A letter in this regard was also sent to the Tahsildar, Dongergaon. However, it appears that based on the resolution passed by the Gram Panchayat, the Tahsildar has not initiated any proceeding under Section 248 (1-A) of the Code of 1959 for removing the encroachment made on the land belonging to the government, therefore, respondent No.5 itself issued notice dated 3.12.2020 directing petitioner to 6 remove encroachment within 03 days and thereafter notice dated 26.5.2021 was issued to the petitioner intimating him that illegal encroachment made by him will be removed on 07.05.2021. 9. Section 56 of the Adhiniyam, 1993 is in respect of hindrance, obstruction or encroachment over any public street, open site or upon any drain in which the Gram Panchayat has been empowered to take action. Relevant portion of Section 56 is reproduced herein below:- “(1) xxxxx (2)Notwithstanding anything contained in sub-section (1), the Gram Panchayat shall have power to remove any such obstruction or encroachment and to remove any crop unauthorisedly cultivated on grazing or any other land not being private property and shall have the like power to remove any unauthorised obstruction or encroachment or projection of the like nature in any open site not being private property, whether such site is vested in Gram Panchayat or not and the expenses of such removal shall be paid by the person who has caused the said encroachment and on failure to pay such expenses the same may be recovered from such person as an arrear of land revenue. Provided that notwithstanding anything contained in sub-section (1) and this sub-section if the Gram Panchayat resolves to remove any hindrances, obstruction or encroachment on any land vested in the State Government it may refer to the Tehsildar to remove such hindrances, obstruction or encroachment 7 from such land and the Tehsildar shall proceed to do so under the provisions of the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959)." 10. Section 248 (1-A) of the Code of 1959 reads as under:- “On a resolution duly passed by the Gram Panchayat in respect of any unauthorized possession the Tahsildar shall start and complete the proceedings under this Section within thirty days from the date of receipt of the information of such resolution and shall communicate the action taken by him to the Gram Panchayat.” 11. A conjoint reading of above provisions makes it clear that Gram Panchayat is empowered to pass a resolution and refer the matter to the Tahsildar requesting for removal of hindrance, obstruction or encroachment from such land, which is vested with the State Government and falls within the Gram Panchayat. On receipt of such reference based on resolution passed by the Gram Panchayat, the Tehsildar shall proceed to remove the encroachment. Hence, it is clear that the Gram Panchayat has no right or jurisdiction to issue a notice for removing the encroachment on any land vested in the State Government and it can only refer the matter to the concerned Tahsildar to remove such hindrance or encroachment and the Tahsildar shall proceed to do so under the provisions of the Code of 1959. 12. In case at hand, it is appearing from the documents that when the proceeding for removal of encroachment based on the 8 proposal of respondent No.5-Gram Panchayat is not initiated by the Tahsildar concerned, respondent No.5 itself took a decision to remove the encroachment and in furtherance thereof, issued impugned notice to the petitioner. The statute vests the power of removal of encroachment from the government land to the Tahsildar and also prescribes the manner in which such power is to be exercised, then the Tahsildar alone is competent to initiate proceeding as provided under the law and to pass appropriate order after following the prescribed procedure. Hence, issuance of notice for removal of encroachment by respondent No.5 without there being any order or direction by the Tahsildar under Section 248 of the Code of 1959, is not sustainable in law and liable to be set aside. 13. Accordingly, writ petition is allowed. Impugned notices (Annexure P-3) issued by respondent No.5 to petitioner for removal of encroachment are set aside. 14. However, considering the documents filed along with application for taking documents on record, in particular resolution passed by respondent No.5 in its meeting dated 25.2.2021 for submitting an application before the Tahsildar for removal of encroachment from the land reserved for paddy procurement center, respondent No.5 will be at liberty to submit a fresh application to the Tahsildar Dongergaon 9 based on the resolution passed in its meeting dated 25.2.2021 for initiating proceeding to remove the encroachment over the land belonging to the State Government. If such an application is submitted by respondent No.5-Gram Panchayat, the Tahsildar Dongergaon shall initiate proceeding under Section 248 of the Code of 1959 following due procedure as prescribed under the law. 15. Till the decision is taken by the Tahsildar on the application to be submitted by respondent No.5, interim order passed earlier shall remain in force. 16. No order as to costs. Sd/- (Parth Prateem Sahu) Judge roshan/-