Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 30745 (CHH)

DOLNARAYAN DEWANGAN v. STATE OF CHHATTISGARH

WPC/4300/2026 · 2026-08-18

Shri Amitendra Kishore Prasad

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010320802026 2026:CGHC:37028 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4300 of 2026 1 - Dolnarayan Dewangan S/o Shri L.N. Dewangan Aged About 47 Years R/o Bangala Para Chakradhar Nagar Raigarh, Tahsil And Dsitrict- Raigarh, (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District- Raipur (C.G.) 2 - Commissioner, Division Bilaspur, District- Bilaspur (C.G.) 3 - Collector, Dsitrict- Raigarh, (C.G.) 4 - Nazul Officer, Raigarh, Dsitrict- Raigarh, (C.G.) 5 - Tahsildar, Raigarh, Dsitrict- Raigarh, (C.G.) 6 - Mahesh Shukla Ward Councillor, Ward No. 19, Raigarh, District- Raigarh (C.G.) ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Mr. Jeet Ram Patel, Advocate For State :- Dr. Arham Siddiqui, P.L. ----------------------------------------------------------------------------------------------- SB-Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 19.08.2026 VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 1. By way of the present writ petition, the petitioner has challenged the inaction on the part of the respondent authorities in not taking action on his representation/complaint regarding the alleged encroachment over Government land bearing Khasra No.60/1 situated at Village Boirdadar, Ward No.48, Raigarh, allegedly by respondent No.6. The petitioner seeks appropriate action for verification and removal of the alleged encroachment in accordance with law. 2. Following reliefs have been prayed in this petition:- “10.1 That, this Hon'ble Court may kindly be pleased to direct the respondents to consider and decide the petitioner's application/complaint dated 17.07.2026 (Annexure P-1) within stipulate time, in the interest of justice. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents to conduct a proper spot inspection and verify the revenue records, demarcation and present physical possession of the land bearing Khasra No.60/1 situated at Village Boirdadar, Ward No.48, Tehsil and District Raigarh, (C.G.), within a time-bound period, in the interest of justice. 10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favor of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.” 3. Learned counsel appearing for the petitioner submits that the land in question is Government land reserved for public purposes and 3 that respondent No.6 has allegedly encroached upon a portion thereof and raised construction. It is submitted that the petitioner submitted a representation dated 17.07.2026 before the competent authorities along with revenue records and photographs, but no action has been taken thereon. Learned counsel, therefore, prays for a direction to the competent authority to consider the petitioner's grievance and take appropriate action in accordance with law. 4. Learned State counsel, appearing for the respondents/State authorities, submits that the petitioner's grievance may be considered by the competent revenue authority in accordance with law, subject to the petitioner furnishing complete particulars and material in support of the alleged encroachment. 5. I have heard learned counsel for the parties and perused the material available on record. 6. From perusal of the petition and the documents placed on record, it appears that the petitioner is essentially a complainant who has approached the authorities alleging encroachment over Government land. The petitioner has submitted an application/representation dated 17.07.2026. However, on perusal of the contents of the said application, this Court finds that the allegations regarding the alleged encroachment are vague and do not contain sufficient particulars to identify and establish the 4 precise nature, extent and location of the alleged encroachment said to have been made by respondent No.6. 7. In view of the aforesaid, the prayer made by the petitioner cannot be considered in the manner in which the present representation has been submitted. The competent authority would require specific and material particulars in order to undertake appropriate verification and take action, if warranted, in accordance with law. 8. In view of the aforesaid facts and circumstances, the present writ petition is dismissed. 9. However, the petitioner shall have the liberty to submit a fresh and appropriate representation/application before the competent revenue authority, furnishing complete particulars of the alleged encroachment, relevant documents and other material in support of his grievance. 10. In the event such a representation/application is filed, the competent authority shall consider the same in accordance with law and take appropriate action, if warranted, after due verification and after affording reasonable opportunity to the concerned persons. 11. No order as to costs. sd/- (Amitendra Kishore Prasad) Judge Vishakha