1 CGHC010304942026 2026:CGHC:36244 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4103 of 2026 1 - Jagmender Singh S/o Darje Ram Aged About 55 Years Occupation Agriculturist R/o Village Jhalam Gram Panchayat - Jhalam, Tahsil And District Bemetara Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary Department Of Panchayat Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh 2 - The Collector Bemetara District Bemetara Chhattisgarh 3 - The Sarpanch Gram Panchayat, Jhalam Tahsil And Distt. Bemetara Chhattisgarh 4 - The Secretary Gram Panchayat - Jhalam Distt. Bemetara Chhattisgarh 5 - The Halka Patwari H No. 03/17 Village Jhalam, Tahsil And District Bemetara Chhattisgarh ... Respondents (Cause title is downloaded from CIS Periphery.) For Petitioner : Mr. Sudhir Verma along with Ms. Anju Verma, Advocate. For State : Mr. Sabyasachi Choubey, G.A. RAVVA UTTEJ KUMAR RAJU Digitally signed by RAVVA UTTEJ KUMAR RAJU Date: 2026.08.17 19:13:38 +0530 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 14/08/2026 1. The petitioner has filed the instant petition seeking following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus direct therein to the respondents to submit all concerned records including map of concerned Patwari Halka which shows Khasra No. 531/1, 536/1 & 643. 10.2 Further may kindly be pleased to issue a writ in the nature of certiorary by which quash/set-a-side memo No./2/Gra. P./Jhalam/dated 26.07.2026 Annexure P/1. 10.3 Further may kindly be pleased to issue writ, order, direction, which deem fit in the favour of the petitioner & against the respondents. 10.4 Further may kindly be pleased imposed fine Rs. one lac to each respondents No. 03, 04 & 05 for arbitrary action & false report.” 2. Learned counsel appearing for the petitioner submits that the impugned notice for eviction was issued by the respondent authorities on 26.07.2026, which has been placed on record as Annexure P-1. He further submits that the impugned notice has been issued without properly considering the relevant facts and documents pertaining to the petitioner’s possession and interest in the subject property. 3. Learned counsel appearing for the State submits that the document dated 26.07.2026, filed by the petitioner as Annexure P- 1, is merely a notice calling upon the petitioner to submit his 3 response in accordance with law. It is contended that, without availing the opportunity of submitting a reply to the said notice before the competent authority, the petitioner has prematurely approached this Court by way of the present petition. Accordingly, it is submitted that the petition is premature and is liable to be dismissed on this ground alone, with liberty to the petitioner to avail the appropriate remedy before the concerned authority in accordance with law. 4. Having heard learned counsel for the parties and upon perusal of the material available on record, it appears that the concerned Gram Panchayat does not have the jurisdiction or authority to directly issue a notice for removal of alleged encroachment. In terms of Section 56 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 where any encroachment is alleged, the Gram Panchayat is required to make an appropriate recommendation to the concerned Tahsildar/revenue authority, who is competent to consider the matter and, upon due adjudication, pass appropriate orders for removal of such encroachment and issue consequential notice in accordance with law. In view of the aforesaid legal position, the impugned notice dated 26.07.2026 issued by the concerned Gram Panchayat against the petitioner is found to be without jurisdiction and, therefore, cannot be sustained in the eyes of law. Accordingly, the impugned notice dated 26.07.2026 is hereby quashed/set aside. However, liberty is reserved in favour of the concerned Gram Panchayat to proceed in accordance with 4 law by making an appropriate reference/recommendation to the competent revenue authority, as envisaged under Section 56 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 If such proceedings are initiated, the same shall be considered and decided by the competent authority strictly in accordance with law and after affording due opportunity of hearing to the petitioner. 5. With this observation and direction, the petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge U.K. Raju