1 CGHC010297182026 2026:CGHC:32750 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4004 of 2026 Firanta Sahu S/o Kartik Sahu, Aged About 57 Years, R/o Makan No. 125, Jaiswal Para, Khandsara, Tehsil Dadhi, Distt. Bemetara (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh, through the Secretary of Revenue And Disaster Management Ministry Mahanadi Bhawan, Naya Raipur, Atal Nagar, Distt. Raipur (C.G.) 2 - The Sub-Divisional Officer (R) Bemetara Distt. Bemetara (C.G.) 3 - The Tahsildar Dadhi, Distt. Bemetara (C.G.) 4 - The Gram Panchayat Khandsara, Tahsil Dadhi, Distt. Bemetara (C.G.) 5 - The Chief Executive Officer Janpad Panchayat, Bemetara, Distt. Bemetara (C.G.) ... Respondent(s) (Cause Title downloaded from CIS Periphery) For Petitioner(s) : Mr. Hariom Rai, Advocate For Respondent(s) : Mr. SS Choubey, Government Advocate SHYNA AJAY Digitally signed by SHYNA AJAY Date: 2026.07.29 19:08:34 +0530 2 S B: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 29/07/2026 1. By way of this petition, the petitioner seeks the following reliefs : 10.1 That, the Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the present petitioner from the respondent authorities concerned for kind perusal. 10.2 That, the Hon'ble Court may kindly be pleased to issue writ/writs, order/orders, direction/directions and set-aside impugned proposal dated 08/07/2026 passed by the Gram Panchayat Khandsara (which has been never communicated to the present petitioner), in the interest of justice. 10.3 That, the Hon'ble Court may kindly be pleased to issue writ/writs, order/orders, direction/directions and set-aside memo dated 21/07/2026 passed by the learned Tehsildar, Dadhi, Distt. Bemetara (C.G.) (which has been communicated to the present petitioner vide receiving dated 27.07.2026), in the interest of justice. 10.4 Pass any other order under the facts and circumstances of the case, in the interest of justice. That, Any other relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case be also granted. 2. Learned counsel for the petitioner submits that a memo dated 21.7.2026 has been issued by the Tehsildar, Dadhi on the basis of a recommendation made by the Gram Panchayat, Khandsara, alleging that the petitioner has encroached upon the Government land. Hence, proceedings under Section 56 of the Panchayat Raj Adhiniyam have been initiated to remove his alleged illegal 3 possession. 3. Learned counsel for the State submits that proceedings have been initiated under Section 56 of the said Adhiniyam and in such proceedings, notice has been issued to the petitioner. 4. At this stage, learned counsel for the petitioner submits that the petitioner has already filed an application for grant of a lease/patta before the concerned Gram Panchayat, which is pending for consideration. He further submits that the impugned memo dated 21.7.2026 deserves to be quashed, as the petitioner is residing in the subject house amidst the ongoing monsoon season. 5. In reply, learned counsel for the State submits the petitioner is an encroacher and no leniency can be shown to those who have encroached upon the Government land. 6. Heard learned counsel for the parties and also perused the documents annexed with the petition. 7. Considering the facts and circumstances of the case as also considering the ongoing monsoon season, the respondent authorities are directed not to take any coercive steps against the petitioner for a period of 60 days. In the meantime, the authorities may consider the application of the petitioner, if any, for settlement of the subject land, provided there is no legal impediment. 8. With the aforesaid observations/directions, the Petition is finally disposed of. Sd/- (Amitendra Kishore Prasad) Judge Shyna Ajay