1 CGHC010268512026 2026:CGHC:32829 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3967 of 2026 1 - Narendra Sharma S/o Ramsahay Sharma, Aged About 60 Years R/o Village Magarghta, P.O. Nandghat, District Bemetara (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Revenue Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur District - Raipur (C.G.) 2 - Collector, Bemetara, District Bemetara (C.G.) 3 - Sub Divisional Officer (Revenue ), Bemetara, District Bemetara (C.G.) 4 - Tehsildar Nandghat, District Bemetara (C.G.) 5 - Gram Panchayat Magarghta, Through Its Secretary, Block Nawagarh, District Bemetara (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Shailendra Kumar Bajpai, Advocate For State : Mr. Saumitra Kesharwani, Panel Lawyer Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 30.07.2026 1. This petition has been filed by the petitioner seeking for the following relief(s):- ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 “10.1. That, this Hon'ble Court may kindly be pleased to call the entire records. 10.2. That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to remove the illegal encroachment upon the Government owned Grass Land bearing khasra no 271, 545, 631, 175/1 admeasuring 8.160, 1500, 0.920, 0460, 0 970 hectare in Village Magarghta, Tehsil Nandghat, District Bemetara, in the interest of justice. 10.3. That, this Hon'ble Court may kindly be pleased to issue any other writ or direction or orders in favour of the petitioner and against the respondents upon these facts and in the circumstances of the case in the interest of justice and equity.” 2. Learned counsel for the petitioner submits that certain persons have encroached upon the grassland. It is submitted that the Tehsildar concerned, vide communication dated 25.08.2025, directed the Gram Panchayat, Magarghta, to take appropriate action for removal of the encroachment. However, despite the issuance of the said communication, no action has been taken till date. It is further submitted that the alleged encroachers have not raised any permanent construction or residential house over the said land and are merely in unauthorized occupation thereof. Therefore, the authorities are required to remove the 3 encroachment in compliance with the directions issued by the Tehsildar. Aggrieved by the inaction of the authorities, the petitioner has preferred the present writ petition. 3. Learned State counsel submits that the Tehsildar has already issued directions vide order dated 25.08.2025 for removal of the encroachment. He further submits that the grievance raised by the petitioner has also been taken up under the Sushasan Tihar program and has been duly considered by the competent authorities. It is further submitted that appropriate directions have already been issued by the Tehsildar for removal of the alleged encroachment, and the concerned authorities shall take consequential action in accordance with law. 4. I have heard learned counsel for the parties and perused the documents available on record. 5. Having heard learned counsel for the parties and upon perusal of the record, it appears that the Tehsildar has already taken cognizance of the matter and, under the Sushasan Tihar, 2025 programme, directed the Gram Panchayat, Magarghta, to pass a resolution for removal of the encroachment. However, from the documents placed on record, including the communication dated 25.08.2025, it appears that despite the lapse of nearly one year, no effective action has been taken. 6. Accordingly, without expressing any opinion on the merits of the case, the Gram Panchayat, Magarghta is directed to comply with the communication dated 25.08.2025 issued by the Tehsildar 4 concerned and to take an appropriate decision by passing the requisite resolution, in accordance with law, within a period of 60 days from the date of receipt of a copy of this order. While taking such decision, the Gram Panchayat shall also keep in view the prevailing rainy season and proceed accordingly. 7. With these observations and directions this petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Saxena