Extracted from the PDF above. The PDF is authoritative.
1
CGHC010290902026
2026:CGHC:32272
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3924 of 2026 Madan Lal Gupta S/o Tulsiram Gupta Aged About 55 Years R/o Betar, Kanhera, District Bemetra, Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue and Disaster Management, Mahanadi Bhawan, Atal Nagar, District Raipur Chhattisgarh 2
- The
Tehsildar
Dhadi,
District
Bemetra,
Chhattisgarh 3 - Gram Panchayat Betar Through Sarpanch, Gram Panchayat Betar, District Bemetra Chhattisgarh
... Respondent(s) (Cause Title downloanded from CIS Periphery) For Petitioner(s) : Mr. Shikhar Bakhtiyar, Advocate For Respondent(s) : Mr. Shobhit Mishra, Dy. GA S B: Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board 28/07/2026
1. By way of this petition, the petitioner seeks the following reliefs : SHYNA AJAY Digitally signed by SHYNA AJAY Date: 2026.07.29 11:08:48 +0530
2 10.1 That the Hon'ble court may kindly be pleased to issue a writ of certiorari / mandamus or any other appropriate writ, order, or direction quashing the administrative letter/order dated 21.07.2026 issued by Respondent No. 2 (Tehsildar) seeking police force for the demolition of the Petitioner's dwelling and shop; 10.2 That the Hon'ble court may kindly be pleased to issue a writ directing Respondents No. 2, and 3, to consider and decide the Petitioner's long-pending lease applications (including the representation dated 15.04.2000) for regularizing his possession under applicable State welfare schemes within a specified period;. 10.3 That any other relief which this Hon'ble Court deems fit and proper may also be granted in favor of the petitioner safeguarding their interest.
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, Betar, 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 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
3 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