1 CGHC010070652022 2026:CGHC:32274 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1099 of 2022 1 - Smt. Droupati Bai Jaiswal W/o Late Govindram Jaiswal, Aged About 68 Years, R/o Village Kodapuri, Post, Sagar, Police Station Sakri, Tahsil Sakri, District Bilaspur Chhattisgarh. 2.-Umashankar Jaiswal, S/o late Govindram Jaiswal, Aged about 38 years, R/o Village Kodapuri, Post Sagar, Police Station Sakri, Tahsil Sakri, District Bilaspur (CG) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Revenue Department, Mantralaya Mahanadi Bhawan, Atal Nagar, Nava Raipur, Raipur, District Raipur Chhattisgarh. 2 - The Collector, District Bilaspur Chhattisgarh. 3 - The Sub Divsional Officer (Revenue) Takhatpur, District Bilapsur Chhattisgarh. 4 - The Tahsildar, Sakri, District Bilaspur Chhattisgarh. 5 - Gram Panchayat Kodapuri, Through Its Secretary Post Sagar, Police Station Sakri, Tahsil Sakri, District Bilaspur Chhattisgarh. 6 - Ashok Sahu Husband of Smt. Uma Sahu (Sarpanch), Aged About 45 Years , R/o Village Kodapuri, Post Sagar, Police Station Sakri, Tahsil Sakri, District Bilaspur Chhattisgarh. ... Respondent(s) SHYNA AJAY Digitally signed by SHYNA AJAY Date: 2026.07.30 11:15:40 +0530 2 (Cause Title downloaded from CIS Periphery) For Petitioner(s) : Mr. Aditya Sharma, Advocate For Respondent(s) : Mr. Soumitra Kesharwani, Panel Lawyer, Ms. M. Asha, Advocate and Ms. Diksha Pandey, Advocate on behalf of Mr. Neeraj Choubey, Advocate S B: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 28/07/2026 1. By way of this petition, the petitioners seek the following reliefs : 10.1 To kindly call for the records of the case from the respondents. 10.2 To kindly restrain the respondent no. 5 from constructing Cultural Hall upon the patta land of the petitioners bearing Khasra No. 1160/1 क, Village Kodapuri, Tahsil Sakri. District Bilaspur (C.G.) also quash the resolution dated 28/7/2021 passed by Gram Sabha issued by the respondent no. 5 on 23/11/2021 and it's subsequent proceedings. 10.3 To kindly direct the respondent no. 2 to 4 to take necessary steps upon the complaint and applications of the petitioners dated 8/10/2021, 9/11/2021, 12/11/2021 & 15/12/2021 and decide the same expeditiously within a stipulated time frame work. 10.4 To kindly direct the respondent no. 2 to take action against the respondent no. 6 accordance with law for illegal act of threatening the petitioners and also illegal removing the fruit bearing trees of the petitioners and causing loss to the petitioners. 10.5 Any other relief or relief(s) which this Hon'ble Court may think proper in view of the facts and 3 circumstances of the case may also kindly be granted. 2. Learned counsel for the petitioners submits that the petitioners are aggrieved by the impugned memo dated 25.11.2021 issued by the Gram Panchayat Kodapuri, Janpad Panchayat, Takhatpur, whereby the petitioners have been directed to remove their possession/encroachment over Khasra No.1160/1Kha, which, according to the said Gram Panchayat, is Government land. He further submits that pursuant to proposal No.3 dated 24.3.2021, a Cultural Hall is to be constructed on the subject land. The impugned notice further states that despite prior notices, the concerned petitioner has not removed his possession and calls upon him to show cause why the alleged encroachment should not be removed prior to 1.12.2021. He also submits that the petitioners have also assailed the earlier notices issued by the respondent authorities by way of this petition. He also submits that the petitioners are not encroachers over the subject land, as they have been in peaceful possession of land bearing Khasra No. 1160/1Kha area 3 acres on the basis of a valid Patta granted by the Naib Tehsildar, Bilaspur way back on 25.4.1994. Therefore, the allegation of illegal encroachment levelled by the Gram Panchayat vide the impugned notice is factually incorrect. He further submits that even assuming the land to be Government land, Respondent No.5/Gram Panchayat, Kodapuri does not have jurisdiction to issue such an eviction notice, as such power exclusively vests with the Revenue Authorities under the Land 4 Revenue Code. He submits that facing an apprehension of dispossession and coercive action under the pretext of the proposed construction, the petitioners have approached this Court. Moreover, an interim stay has also been granted by this Court on 28.2.2022, which continues to remain in operation. 3. Per contra, learned counsel for the State submits that from a perusal of the documents annexed with the petition, including the Khasra Panchshala pertaining to the year 2011-12, it appears that Khasra No.1160/1Kha area 3.898 hectares, is recorded in the name of the State of Chhattisgarh under the classification “Bade Jhad Ka Jungle”. Therefore, the submission of learned counsel for the petitioners regarding grant of Patta over the subject land is not sustainable. He further submits that the impugned notice was not issued by the Revenue Department, but rather at the instance of Respondent No.5/Gram Panchayat, Kodapuri . He also submits that as per the Patta relied upon by the petitioners, the grant was strictly for plantation purposes i.e. fruit bearing trees like Mango, Jamun etc., which does not entitle the petitioners to change the nature of the land. He submits that from a perusal of the subject documents, it is further evident that Respondent No.5-Gram Panchayat, Kodapuri, while undertaking construction over the subject land, has illegally cut down several standing trees to facilitate the construction of the Cultural Hall. He submits that such felling of trees on the subject land classified as ‘Bade Jhad Ka Jungle’ is impermissible. 4. I have heard learned counsel for the parties and have also 5 perused the documents annexed with the petition. 5. From a perusal of the record, it appears that although the land in question is recorded in the name of the State Government, the petitioners were granted 3 acres out of the said land by way of a Patta vide order dated 25.4.1994 specifically for tree plantation, subject to certain conditions. Since the land belongs to the Revenue Department and is allotted to the petitioners vide a valid Patta, Respondent No.5/Gram Panchayat, Kodapuri does not have the jurisdiction to issue an eviction notice to the petitioners. 6. Moreover, even assuming that there is a violation of the conditions of Patta or that the land is recorded in the name of a person other than the State Government, such power of intervention or action is solely vested in the State Government and not in the Respondent- Gram Panchayat. The concerned Gram Panchayat has mainly relied upon revenue records showing that the land belongs to the State Government, specifically classified as ‘Bade Jhad Ka Jungle’. This restriction applies equally to the Gram Panchayat. In view of the above, the Gram Panchayat cannot be permitted to raise any construction on the land owned by the State, particularly land bearing the entry of ‘Bade Jhad Ka Jungle’. 7. Considering the facts and circumstances of the case, this Court deems it appropriate to quash the impugned notice dated 25.11.2021 issued by the concerned Gram Panchayat. However, liberty is granted to the Revenue Department to initiate appropriate proceedings in accordance with law, if any condition of the Patta dated 25.4.1994 is found to be violated by the 6 petitioners. Ordered accordingly. 8. It is made clear that so far Respondent No.5/Gram Panchayat, Kodapuri is concerned, unless a particular piece of land is allotted to it, the said Gram Panchayat cannot, on its own accord, raise any construction thereon without obtaining due permission from the competent authority. 9. With the aforesaid directions/observations, the Petition is Allowed. Sd/- (Amitendra Kishore Prasad) Judge Shyna Ajay