1 CGHC010087942023 2026:CGHC:36375 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1272 of 2023 Vishnu Koshle S/o Alen Das Aged About 60 Years Up - Sarpanch, R/o Village Kunwra, Tahsil Nandghat, District : Bemetara, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management, Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh 2 - Collector, Bemetara, District : Bemetara, Chhattisgarh 3 - Tahsildar Nandghat District - Bemetara, Chhattisgarh. 4 - Gram Panchayat Kunwra, Through Sarpanch, District : Bemetara, Chhattisgarh 5 - Secretary, Gram Panchayat Kunwra, District : Bemetara, Chhattisgarh 6 - Santoshi Baghel Present Sarpanch Gram Panchayat Kunwra, District : Bemetara, Chhattisgarh 7 - Kalyan Das S/o Vishnu Koshle R/o Village Kunwra, Tahsil Nandghat, District : Bemetara, Chhattisgarh. ... Respondent(s) (Cause-title taken from Case Information System) For the Petitioner :Mr. Anand Bajaj, Advocate on behalf of Mr. Awadh Tripathi, Advocate For the State : : Dr. Arham Siddiqui, PL 2 Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 14.08.2026 1. This petition has been filed under Article 226 of the Constitution of India with following reliefs: “10. Relief(s) Sought: 10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of petitioners. 10.2 That, this Hon'ble Court may kindly be pleased to allow the writ petition and quash the impugned eviction notice dated 06.03.2023 (Annexure P/1) issued by the respondent no.3, in the interest of justice. 10.3 Any other relief, which may deem fit and proper in the facts and circumstances of the case, may also be allowed.” 2. Facts of the case, as projected by the petitioner in the present writ petition, are that the Sarpanch of Gram Panchayat, Kunwara, namely Santoshi Baghel, submitted an application alleging encroachment over the Government land. Pursuant thereto, the Tahsildar, Nandghat, issued a notice of eviction to the petitioner and his son namely Kalyan alleging their illegal possession over Government land bearing Khasra No.788, admeasuring 0.08 hectare (6125 sq. ft.), situated at Village Kunwara. In response to the said notice, the petitioner submitted his reply stating that he 3 had purchased the mud house from Puni Bai Dhritlahre in the name of his son Kalyan Singh and neither the petitioner nor his son was in illegal possession or encroached upon any portion of Khasra No.788 admeasuring 0.08 hectare situated at Village Kunwara. Thereafter, the learned Tahsildar, Nandghat after recording the statements of the witnesses has passed the passed the eviction/removal warrant order dated 06.03.2023 (Annexure P-1). Hence, this petition. 3. Learned counsel appearing for the petitioner submits that the removal notice/warrant (Annexure P-1) has been issued against the petitioner by the concerned Tahsildar; however, the petitioner has not encroached upon any Government land. The petitioner has raised construction over the land/mud house, which was purchased by him. Being aggrieved by the impugned removal warrant, the petitioner has preferred the present writ petition seeking the above reliefs. 4. Per contra, learned State Counsel submits that the petitioner is an encroacher and has unauthorisedly occupied the Government land. Since the proceedings have been initiated under Section 248 of the Chhattisgarh Land Revenue Code, 1959, the petitioner has an efficacious alternative remedy available before the competent authority/Court, therefore, instead of invoking the extraordinary writ jurisdiction of this Court, the petitioner ought to have approached the concerned authority/Court by filing an appropriate application/appeal in accordance with law. 4 5. Having considered the submissions made by learned counsel for the parties and facts and circumstances of the case, particularly the fact that no interim order has been passed by this Court in favour of the petitioner, the petitioner is directed to submit an appropriate reply/objection to the eviction notice before the concerned authority. In the event the proceedings initiated under Section 248 of the Chhattisgarh Land Revenue Code, 1959 and have already culminated in a final order, the petitioner will be at liberty to avail the appropriate appellate remedy before the competent authority/court in accordance with law. 6. With the aforesaid directions and observations, the writ petition stands disposed of. CC as per rules. Sd/- SSD (Amitendra Kishore Prasad) Judge J.