1 CGHC010232702026 2026:CGHC:32868 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2950 of 2026 • Khemchand Sahu S/o Madan Lal Sahu Aged About 39 Years R/o Ward No. 4 House No. 68, Chicholi P.O. Temri, 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) Nawagarh, District Bemetara (C.G.). 4. Tehsildar Nawagarh District Bemetara (C.G.). 5. Gram Panchayat Nandghat Through Its Secretary, Janpad Panchayat Nawagarh, District Bemetara (C.G.). --- Respondents AND WPC No. 3133 of 2026 • Mukesh Agrawal S/o Jagnandan Agrawal Aged About 48 Years R/o Ward No. 6 Village 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) Nawagarh, District Bemetara (C.G.). 4. Tehsildar Nawagarh, District- Bemetara (C.G.). 5. Gram Panchayat Nandghat Through Its Secretary, Janpad Panchayat Nawagarh, District- Bemetara (C.G.). --- Respondents AND DEEPTI JHA Digitally signed by DEEPTI JHA 2 WPC No. 3005 of 2026 • Jitendra Kumar Vaishnav S/o Ishwar Das, Aged About 45 Years R/o Village Karamsen Nayapara 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) Nawagarh District- Bemetara (C.G.). 4. Tehsildar Nawagarh, District- Bemetara (C.G.). 5. Gram Panchayat Nandghat, Through Its Secretary Janpad Panchayat Nawagarh District- Bemetara (C.G.). --- Respondents AND WPC No. 3003 of 2026 • Krishna Thakur S/o Vijay Thakur Aged About 59 Years R/o Village- 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) Nawagarh District- Bemetara (C.G.). 4. Tehsildar Nawagarh District- Bemetara (C.G.). 5. Gram Panchayat Nandghat Through Its Secretary Janpad Panchayat Nawagarh District- Bemetara (C.G.). --- Respondents AND WPC No. 3000 of 2026 • Bhagwati Sahu S/o Bodhan Sahu, Aged About 59 Years R/r/o Village Chicholi Temri, District Bemetara (C.G.). ---Petitioner Versus 1. State Of Chhattisgarh Through Secretary, Rrvenue Department Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur District -Raipur (C.G.). 2. Collector. Bemetara, District Bemetara (C.G.). 3. Sub Divisional Officer (Revenue), Nawagarh, District Bemetara (C.G.). 3 4. Tehsildar Nawagarh, , District Bemetara (C.G.). 5. Gram Panchayat Nandghat, Through Its Secretary, Janpad Panchayat Nawagarh, District- Bemetara (C.G.). --- Respondents AND WPC No. 2999 of 2026 • Madan Prasad Sinha S/o Late Mahendra Pratap Sinha, Aged About 61 Years R/o Village 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) Nawagarh, District Bemetara (C.G.). 4. Tehsildar, Nawagarh, District Bemetara (C.G.). 5. Gram Panchayat Nandghat, Through Its Secretary, Janpad Panchayat Nawagarh, District Bemetara (C.G.). --- Respondents AND WPC No. 2998 of 2026 • Lakhan Lal Shrivas S/o Ram Khilawan Shrivas Aged About 40 Years R/o Ward No. 13, 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) Nawagarh, District Bemetara (C.G.). 4. Tehsildar Nawagarh District Bemetara (C.G.). 5. Gram Panchayat Nandghat Through Its Secretary, Janpad Panchayat Nawagarh, District Bemetara (C.G.). --- Respondents AND WPC No. 2997 of 2026 • Santosh Manikpuri S/o Phool Das Manikpuri Aged About 48 Years R/o Ward No. 13, Nandghat, District Bemetara (C.G.) 4 ---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) Nawagarh, District Bemetara (C.G.). 4. Tehsildar Nawagarh District Bemetara (C.G.). 5. Gram Panchayat Nandghat Through Its Secretary, Janpad Panchayat Nawagarh, District Bemetara (C.G.). --- Respondents AND WPC No. 2996 of 2026 • Durgesh Kshtri S/o Rajendra Kumar Kshtri Aged About 37 Years R/o Village Karamsen Nayapara, 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) Nawagarh, District Bemetara (C.G.). 4. Tehsildar Nawagarh District Bemetara (C.G.). 5. Gram Panchayat Nandghat Through Its Secretary, Janpad Panchayat Nawagarh, District - Bemetara (C.G.). ... Respondents For Petitioner in all the petitions : Mr. Shailendra Kumar Bajpai, Advocate. For State/Respondents No.1 to 4 in all the petitions. : Mr. Sabyasachi Choubey, Deputy G.A. For Respondent No.5 in all the petitions : Mr. Aman Tamboli, Advocate. Hon’ble Shri Justice Amitendra Kishore Prasad Order On Board 30/07/2026 1. As the identical issue involved in these writ petitions, they are being heard and decided together by this common order. 2. For the sake of gravity, WPC No.2950/2026 is taken as a lead case. 5 3. This writ petition has been preferred by the petitioners under Article 226 of the Constitution of India, seeking following reliefs:- “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 set aside and quashed the Eviction Notice dated 11.06.2026 passed by the respondent No.5 (Annexure-P/1) and Hon’ble Court may kindly direct the authorities for not dispossessing the petitioner from the land. 10.3 That, the Hon’ble Court kindly direct the authorities to correct the revenue records of the land and further direct the authorities to pass appropriate order/direction/authority for not disturbing the peaceful possession of the petitioner. 10.4 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.” 4. Learned counsel for the petitioner submits that in all petitions, notices have been issued to the petitioners by the respondent No.5/Gram Panchayat Nandgaht, District Bemetara (C.G.) for removal of encroachment. He submits that power is not vested upon the concerned gram panchayat for eviction of the petitioners from the said possession, as prescribed under Section 56 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short ‘Adhiniyam, 1993’). The concerned Gram Panchayat has to issue notice to the petitioners in accordance with law and thereafter if it is necessary, after giving due opportunity of hearing to the petitioners, the matter is required to be referred to the concerned revenue authorities, i.e., the Tehsildar. Thereafter, the concerned Tehsildar after initiation of proceeding and after giving due opportunity of hearing shall pass an appropriate order in 6 accordance with law. As such the notice dated 11.06.2026, which has been issued against the petitioners is bad in law. 5. Learned State counsel submits that a due procedure as per Section 56 of the Adhiniyam, 1993, notice is required to be issued by the authorities to the concerned persons. However, the power to remove the encroachment is vested upon the Tehsildar. The concerned gram panchayat is having the power, only to this effect, to refer the matter to the concerned Tehsildar, as prescribed under Section 56 of the Adhiniyam, 1993. 6. Learned counsel appearing for the respondent No.5/Gram Panchayat submits that the notices have been issued to the petitioners only to remove the encroachment. Although, notices have been issued for removal of encroachment, petitioners may file appropriate reply before the authorities concerned and the same shall be considered after giving due opportunity of hearing to the petitioners. Thereafter, the matter will be referred to the concerned revenue authorities in accordance with law. 7. I have heard learned counsel for the parties and perused the material available on record. 8. From perusal of the record, it appears that as per Section 56 of the Adhiniyam, 1993, a due process has been envisaged, which is required to be followed. From perusal of the Eviction Notice dated 11.06.2026, it seems that rather issuing a formal notice, it merely directs the petitioners that they have to remove the encroachment, which is not in accordance with law. 9. At this stage, learned counsel appearing for the Gram Panchayat as well as the State submits that they will pass an appropriate order in accordance with law and they will not take any action against the Act as well as the Rules framed under the law. 10. Considering the aforesaid aspect of the matter, this petition is disposed of, directing all the petitioners to file appropriate reply along with relevant documents and with the documents, which the petitioners have filed along 7 with these petitions and the petitioners are permitted to submit said documents before the authorities concerned in respect of the disputed land that the said land has been converted from Grass land to Aabadi Land. 11. Accordingly, the part of notice by which the petitioners were directed to remove the encroachment is liable to be and is hereby set aside. The petitioners are directed to file an appropriate reply before the Gram Panchayat, Nandgat and in turn, the concerned gram panchayat is directed to give an opportunity of hearing to all the petitioners, and if necessary, pass an appropriate orders for referring the matter to the concerned revenue authorities as envisaged under Section 56 provisio to Section 2 of the Adhiniyam, 1993. If the concerned gram panchayat refers the matter to the concerned Tehsildar in accordance with law, the concerned Tehsildar is also incumbent to issue notice to each of the petitioners, giving them opportunity of hearing and to pass an appropriate order in accordance with law within a period of 90 days from today. 12. Petitioners are at liberty to file appropriate documents showing the disputed land is now converted into Aabadi Land. 13. Till disposal of the aforesaid proceedings, it is directed to the respondent authorities not to take any coercive action against the petitioners. 14. With the aforesaid observation(s) and direction(s), this writ petition stands disposed of. 15. Interlocutory application(s), pending if any, also stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Deepti Jha