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2026 DAILYLAW 30798 (CHH)

GHANSHYAM PRASAD CHELAK v. STATE OF CHHATTISGARH

WPC/5497/2021 · 2026-08-13

Shri Parth Prateem Sahu

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Judgment text

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1 / 3 CGHC010346222021 2026:CGHC:36392 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5497 of 2021 Ghanshyam Prasad Chelak S/o Shri K.L. Chelak, Aged About 44 Years R/o Beside of AJAK Police Station Kali Badi, Raipur, District Raipur(C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster, Mantralaya Mahanadi Bhawan, Atal Nagar New Raipur (C.G.) 2 - Collector , Raipur, District Raipur (C.G.) 3 - Sub Divisional Officer (Revenue) Division Arang, District Raipur (C.G.) 4 - Additional Tahsildar, Mandir Hasoud, Tahsil Arang, District Raipur(C.G.) 5 - Nandu Koshale S/o Manglu, Aged About 55 Years R/o Village Mandir Hasoud, Bhatapara - Rico Road, Ward No. 9, Tahsil Mandir Hasoud, District Raipur (C.G.) ... Respondent(s) For Petitioner : Mr. S.B. Pandey, Advocate For Resp. No. 1 to 4/State : Mr. Atanu Ghosh, Dy. Govt. Advocate Digitally signed by PRAVEEN KUMAR SINHA Date: 2026.08.17 17:40:24 +0530 2 / 3 For Respondent No.5 : Mr. Sunil Verma, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 14/08/2026 1. Petitioner has filed this writ petition seeking following reliefs: “10.1 That, this Hon'ble Court may kindly be pleased to call for entire records pertaining to the case of petitioner for kind perusal of this Hon'ble court. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent No.5 who has not complied the order passed by the respondent No.4 and willfully has been engaged himself in the construction of the house and toilet over the land belonging to grass land and removed the all construction work made by respondent No.5 after issuing of stay order. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent No.5 not to make any construction and stop construction over the land belonging to the grass land. 10.4 Any other relief, which may be deemed, fit by this Hon'ble Court just and proper in the facts and circumstances of the case may also be provided in favour of the petitioner.” 2. Learned counsel for the petitioner submits that this writ petition is filed on the ground that interim order passed by respondent No.4/Addl. Tahsildar is not being complied with by respondent No.5. 3 / 3 3. Perusal of the record would show that Addl. Tahsildar has initiated proceeding on the application submitted by the petitioner making allegation that respondent No.5 is making permanent construction over the government land by encroachment. Case was listed and on the first date of hearing i.e. 04.02.2021 stay order was passed. Thereafter, the case continuously listed for hearing and perusal of order sheet dated 26.03.2021 would show that non-applicant therein (respondent No.5 herein) had made submission before the Court that his reply and statement recorded be treated as his argument. 4. In the aforementioned facts of case, this Court directed State counsel to verify with regard to pendency of proceedings in the Revenue Case No. 202102113500012 Year 2020-2021. 5. After verifying the facts, learned counsel for the State submits that Revenue Case No. 202102113500012 Year 2020-2021 in which interim order was passed, was disposed of vide order dated 12.08.2021. 6. In view of the above facts of the case, nothing remains for adjudication of this writ petition as the interim order has already been merged with the final order dated 12.08.2021. 7. Accordingly, writ petition is disposed of. Sd/Sd Sd/- (Parth Prateem Sahu) Judge Praveen