1 CGHC010180882025 2026:CGHC:32732 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 737 of 2025 Smt. Suman Nadesan Unni (In Person) W/o K. Krishnan Unni Aged About 56 Years R/o No.4 /a Street No.35 , Sector -10 Bhilai, District Durg ( C.G) ... Petitioner/Applicant versus 1 - Abhijeet Singh Collector, Durg District Durg ( C.G.) 2 - Sumit Agrawal Commissioner, Municipal Corporation, Durg District Durg (C.G.) ... Respondents For Petitioner : Petitioner Ms. Suman Nadesan Unni, in person For Respondents : Mr. Shashank Thakur, Advocate (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 29.07.2026 1. Present contempt petition has been filed under Article 215 of the Constitution of India read with Section 11/12 of the Contempt of Courts Act, 1971, alleging non-compliance of the Order dated 24.02.2025 passed by this Court in WPC No.1035/2025. By the said Order, this Court has observed in para 5 as under:- 5. It appears from the representation that the petitioner is raising a grievance about illegal encroachment by some of the persons over the grassland, hence, it is directed that the Collector Durg shall consider the representation submitted by the petitioner and look into the grievance of the petitioner in BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.07.31 16:14:12 +0530 2 accordance with law and take necessary steps, if illegal encroachment is found over the grassland situated in village- Borsi bearing Khasra No.194/1. 2. The petitioner, appearing in person, would submit that though the recorded area of Khasra No.194/1 is 1.3680 hectares (147250 sq.ft.), but as per the affidavit dated 29.7.2026 filed by respondent No.1, only 0.580 hectare (62430 sq.ft.) of land is found on the spot and the remaining land has been encroached by other persons. She further submits that the revenue authorities have excluded the encroached portion from Khasra No.194/1 and have wrongly shown as falling under Khasra No.194/2 and some portion of the said land has been encroached by both former and present Ward Members (Parshad). She further submits that the revenue authorities have suppressed aforesaid facts in their reply filed before this Court. It is further submitted that, as per the affidavit filed by the respondents, total 37 persons have been identified as encroachers, out of whom one person has also received compensation from the State Government. She further submits that when the revenue authorities sought to remove the encroachments, they deliberately treated the encroached area as part of Khasra No. 194/2 instead of Khasra No. 194/1. She further submits that the respondents have misled this Court while claiming compliance with the order passed in the contempt proceedings. It is, therefore, prayed that the contempt be drawn and charges be framed against the respondent authorities. 3. Learned counsel for the respondents submits that the directions contained in the order under contempt dated 24.02.2025 have been duly complied with. Pursuant to the said order, the revenue authorities conducted a detailed survey of Khasra No. 194/1 and identified 35 encroachers and proceedings under Section 248 of the Chhattisgarh Land Revenue Code, 3 1959 were initiated against them. It is further submitted that the Tahsildar passed final orders directing removal of the encroachments, and the first appeals preferred before the Sub-Divisional Officer as well as the second appeals before the Collector/Additional Collector by the respective encroachers have been dismissed. Learned counsel for the respondents further submits that, pursuant to the directions of this Court, a detailed enquiry was conducted, and the enquiry report dated 08.06.2026 shows that out of the recorded area of 1.3680 hectares of Khasra No. 194/1, an extent of 0.788 hectare had already been utilized for laying a railway track. Consequently, only 0.580 hectare (62430 sq. ft.) of land presently remains available on the spot. It is also submitted that Respondent No. 1 has filed successive affidavits placing all material facts before this Court, including the action taken against the encroachers, the outcome of the appellate proceedings, and the enquiry report. Therefore, there has been neither suppression of material facts nor any wilful disobedience of the order dated 24.02.2025. Therefore, it is submitted that no case of contempt is made out against the respondents, hence the contempt petition deserves to be dismissed. 4. Heard learned counsel for the parties and perused the material available on record and also gone through the written submission filed by the petitioner in person. 5. In compliance of order under contempt, the respondent No.2 filed return on 06.8.2025. Thereafter, separate affidavits were filed from time to time explaining the steps taken by the authorities. Pursuant to the order dated 01.07.2026, respondent No.1, the Collector, Durg, has also filed a further affidavit dated 29.07.2026 narrating the subsequent developments and the 4 action taken in compliance with the directions of this Court. The said affidavit is reproduced as under:- “ AFFIDAVIT IN COMPLIANCE OF HON’BLE COURT’S ORDER DATED 01.7.2026 1. That, the present affidavit is being filed in compliance of the order dated 01.07.2026 passed by the Hon'ble Court. 2. That, the deponent most respectfully submits that he has highest regards for the Hon'ble Court and is duty bound to comply with the order/orders passed by the Hon'ble Court. 3. That, the present contempt petition has been filed alleging non-compliance of order dated 24.02.2025 passed by Hon'ble Court in WP(C) No. 1035/2025. 4. That, the deponent respectfully submits that pursuant to the order passed by the Hon'ble Court dated 24.02.2025 passed in WP(C) No. 1035/2025 the officials of the revenue department conducted survey and initially it was found that 37 persons have encroached upon the government land situated in Khasra No. 194/1, P.Η.Ν. 39, village-Borsi, Distt Durg (C.G.). However on re-verification one person was found to be possession of 194/2 and in case of Sugriv Vishwakarma there was a repetition (two cases were prepared) and after deducting two cases total 35 cases of encroachment was found. Proceeding U/S. 248 of the Chhattisgarh Land Revenue Code, 1959 were drawn and final orders with respect to 30 cases have been passed on 28.10.2025 and with respect to 5 other cases the same has been passed on 13.11.2025. 5. That, the deponent respectfully submits that in the pending contempt petition this Hon'ble Court on 07.11.2025 was pleased to direct the respondents to file affidavit by the next date of hearing demonstrating the fact as to what action has been taken to remove the illegal encroachment on the entire land. 6. That, on compliance of the Hon'ble Court's order dated 07.11.2025 an affidavit was filed by the deponent on 24.11.2025 wherein it was submitted that one of the aggrieved party against whom order has been passed by the court of Tahsildar, Durg had 5 approached this Hon'ble Court by filing writ petition and the Hon'ble Court vide its order dated 20.11.2025 passed in WP(C) No. 6112/2025 (D/3) has been pleased to direct the Sub Divisional Officer (R), Durg to register the appeal and take decision on the interim application for grant of stay. The Hon'ble Court was further pleased to direct the parties to maintain status quo with respect to the possession till decision is taken on the application for grant of interim stay. In the said affidavit it was also submitted before the court that miscellaneous appeals have also been filed by some of the parties aggrieved by the order dated 07.11.2025 passed in contempt Case No. 737/2025 and that this Hon'ble Court vide its order dated 21.11.2025 passed in M.A. No. 223/2025 (D/4) has been pleased to direct the parties to maintain status quo with respect to the suit property. 7. That, on 23.01.2026 during the course of the hearing the petitioner in person submitted before the Hon'ble Court that there are other persons who have encroached upon the subject land and the authorities have not taken any action against them. The Hon'ble Court was pleased to grant time to the respondents to specify the above mentioned facts. It is respectfully submitted that, number of applications for grant of Patta has been received from the encroachers throughout the District which includes the applications received from the persons who have encroached upon 194/1. 8. It is submitted that, an affidavit in compliance of the Hon'ble Court's order dated 23.01.2026 was filed by the deponent on 17.03.2026. That, the Hon'ble Court after going through the affidavit and taking note of the fact that in area of Khasra no. 194/1 according to revenue records is 1.3680 Hectare (147250 Sqft) whereas as per the current map on the spot only 0.580 Hectare (62430 Sqft) land is available. The court was pleased to direct the personal presence of the contemnors on 15.04.2026. 9. That, the deponent submits that on 15.04.2026 the Hon'ble Court was pleased to grant time to the contemnors to revisit the report submitted by the revenue authorities and the matter was fixed for 23.06.2026. 6 10 That, the deponent respectfully submits that a detailed additional reply was submitted by the contemnors on 22.06.2026. In the reply it has been submitted that the team of the revenue officials which conducted a detailed inspection has submitted the report and in the said report it has been observed that the map of Khasra no.194 is not complete and there are anomalies as the same has not been updated and this has happened before revenue records were not properly updated from time to time and the relevant entries with respect to sub division of plots (Batankan) have not been made. In the report it has been proposed to update/correct the current map (Chalu Naksha) and certain corrections in the Khasra Panchshala. 11. That, the deponent most humbly submits that the Miscellaneous Appeals arising out of the order dated 07.11.2025 passed in the present contempt petition bearing M.A. No. 227/2025 and 223/2025 were dismissed by the division bench by order dated 12.05.2026. It is further respectfully submits that, out of the 35 cases of encroachment wherein final order was passed by the Tahsildar, Durg on 28.10.2025 and 13.11.2025, total 34 appeals were preferred before the SDO(R), Durg and 28 appeals were dismissed vide order dated 25.05.2026 and 6 cases were reminded back to the court of Tahsildar, Durg. It is submitted that, aggrieved by the order of the SDO(R), Durg total 33 second appeals were filed and out of which 2 second appeals were dismissed by the court of Collector, Durg and the 31 second appeals have been decided/disposed by the Court of the Additional Collector, Durg. STATUS REPORT/CASE DETAILS Government Land Khasra No. 194/1, Village Borsi, District Durg Summary of Court Proceedings & Orders Passed S. No Name of Court Total Cases Order Date No. of Orders Remarks/Findings 01. Court of Tehsildar, Durg 35 28/10/2025 30 13/11/2025 05 02. Court of Sub- Divisional Officer (Revenue), Durg (First Appeal) 34 25/05/2026 34 1. Appeal dismissed in 28 cases. 2. 06 cases were remanded back for reconsideration. 7 03. Court of Collector, Durg (Second Appeal) 02 25/06/2026 02 Appeals dismissed in both cases. 04. Court of Additional Collector, Durg (Second Appeal) 31 15/06/2026 05 Dismissed on the ground of maintainability. 25/06/2026 23 Dismissed on merit 02/07/2026 02 Remanded back 10/07/2026 01 Appeal dismissed. 12. That, the deponent respectfully submits that the Department of Revenue and Disaster Management, Government of Chhattisgarh vide its memo dated 08.05.2026 has directed all the Collector of Chhattisgarh to submit the list of eligible persons for grant of Patta under the Chhattisgarh Nagariya Kshetron Ke Awashin Vyakti Ko Pattadhriti Adhikar Adhiniyam, 2023 and Chhattisgarh Nagariya Kshetron Ke Awashin Vyakti Ko Pattadhriti Adhikar Niyam, 2023 latest by 15.08.2026. 13. That, the deponent respectfully submits that out of the 35 encroachers, the encroachment of 4 persons which was in the form of shop (commercial establishment) has been dismantled/removed on 18.06.2026. 14. It is most respectfully submitted that, after receipt of the memo dated 08.05.2026 the deponent sought guidance from the Secretary, Department of Revenue and Disaster Management, Government of Chhattisgarh who in turn vide memo dated 30.06.2026 has been pleased to direct the deponent to seek necessary directions from the Hon'ble Court with respect to the persons who encroached upon the subject Government land. Copy of memo dated 30.06.2026 is filed and marked herewith as Annexure AD/1. 15. That the deponent most respectfully submits that after receipt of the instructions dated 30 June 2026 necessary application has been filed before The Honorable Court seeking clarification in light of the provisions contained in Chhattisgarh Nagari kshetron Ke Awashin Vyakti Ko Pattadhriti Adhikar Adhiniyam, 2023 and Chhattisgarh Nagariya Kshetron Ke Awashin Vyakti Ko Pattadhriti Adhikar Niyam, 2023. 8 16. That, the deponent respectfully submits that he has the highest regards for the order passed by the Hon'ble Court and has always acted in furtherance of compliance of the order passed by this Hon'ble Court.” 6. As per the impugned order under contempt, the subject land comprises Khasra No.194/1, having a recorded area of 1.3680 hectares. In compliance of order under contempt, the respondents authorities initiated action against 37 persons, who were earlier found to be encroachers. Subsequently, some anomalies were noticed in the case of two persons, hence, after excluding those two cases, total 35 cases of encroachment were found, therefore, proceedings under Section 248 of the CG Land Revenue Code, 1959 were initiated against them. 7. In compliance with the Order passed by this Court, the revenue authorities conducted enquiry in respect to Khasra No.194/1 and as per the Enquiry report dated 08.6.2026 (Annexure- R/15), it was found that 0.788 hectares of land of Khasra No.194/1 has been utilized for laying railway track. Upon deducting said area from the total area of 1.3680 hectare, the remaining area comes to 0.580 hectare (62430 sq.ft.), which corresponds to the land presently available on the spot. 8. In the affidavit filed by the respondent No.1 on 29.7.2026, it has been specifically stated that encroachment proceedings against 35 persons have been initiated under Section 248 of the Code and they have been directed to vacate the land bearing Khasra No.194/1. It has further been stated that the first appeals as well as the second appeals preferred by the said encroachers have also been dismissed. 9. Having considered the affidavit(s) filed by the respondents , enquiry report dated 08.06.2026 annexed with Annexure-R/15 dated 01.06.2026, in 9 the considered opinion of this Court, the respondents have taken action against the encroachers in accordance with law and thereby complied with order dated 24.02.2025 passed by this Court in respect of Khasra No.194/1, which is the subject matter of the present contempt proceeding. So far as the application filed by the respondents seeking clarification in the light of the provisions contained in Chhattisgarh Nagari kshetron Ke Awashin Vyakti Ko Pattadhriti Adhikar Adhiniyam, 2023 and Chhattisgarh Nagariya Kshetron Ke Awashin Vyakti Ko Pattadhriti Adhikar Niyam, 2023, is concerned, the aforesaid issue was neither subject matter of WPC No.1035/2025, in which order under contempt was passed, nor the subject matter of instant contempt petition. Therefore, no clarification is required to be given. However, the respondents are free to take steps in accordance with applicable law and rules. 10. Thus, no case of willful disobedience or contempt is made out against the respondents. Consequently, the contempt proceeding is dropped and the Rule issued is discharged. 11. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Bini