1 CGHC010154492023 2026:CGHC:37331 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2311 of 2023 1 - Ajay Aditya S/o Gopal Aditya Aged About 37 Years R/o Ward No. 14 Sethi Nagar Police Station And Tahsil Shivarinarayan, District Janjgir- Shivarinarayan, District Janjgir-Champa (C.G.) 2 - Kumar Sai Chouhan S/o Kedarnath Chouhan Aged About 46 Years R/o Ward No. 14, Sethi Nagar Police Station And Tahsil Shivarinarayan, District Janjgir-Champa (C.G.) 3 - Sammelal Sahu S/o Sahdev Sahu Aged About 49 Years R/o Ward No. 14 Sethi Nagar Police Station And Tahsil Shivarinarayan, District Janjgir-Champa (C.G.) 4 - Puniram Chouhan S/o Firat Chouhan Aged About 49 Years R/o Ward No. 14 Sethi Nagar, Police Station And Tahsil Shivarinarayan, District Janjgir-Champa (C.G.) 5 - Dukalu Kenwat S/o Konda Kenwat Aged About 45 Years R/o Ward No. 14 Sethi Nagar, Police Station And Tahsil Shivarinarayan, District Janjgir-Champa (C.G.) 6 - Yogesh Kumar Rajak S/o Mewalal Aged About 43 Years R/o Ward No. 14 Sethi Nagar Police Station And Tahsil Shivarinarayan, District Janjgir-Champa (C.G.) 7 - Kushal Vishvakarma S/o Mangtu Ram Vishvakarma (Died) Through His Lrs. Son Mayank Vishvakarma S/o Kushal Vishvakarma, Aged About 26 Years R/o Ward No. 14 Sethi Nagar Police Station And Tahsil Shivarinarayan, District Janjgir-Champa (C.G.) 8 - Kapurchand Vishvakarma S/o Mangturam Vishvakarma (Died) Through His Lrs. Wife Smt. Nirmala Vishvakarma W/o Kapurchand YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.08.20 17:28:41 +0530 2 Vishvakarma Aged About 50 Years, R/o Ward No. 14 Sethi Nagar Police Station And Tahsil Shivarinarayan, District Janjgir-Champa (C.G.) 9 - Dhaneshwari Kesharwani W/o Rohit Kesharwani Aged About 39 Years R/o Ward No. 14 Sethi Nagar Police Station And Tahsil Shivarinarayan, District Janjgir-Champa (C.G.) 10 - Gurudayal Kenwat S/o Puniram Kenwat (Died) Through His Lrs. Son Firatram Kenwat S/o Gurudayal Kenwat Aged About 45 Years R/o Ward No. 14 Sethi Nagar Police Station And Tahsil Shivarinarayan, District Janjgir-Champa (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary General Administration Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur (C.G.) 2 - The Chief Municipal Officer Nagar Panchayat Shivarinarayan District Janjgir-Champa (C.G.) 3 - Collector District Janjgir-Champa (C.G.) 4 - Tahsildar Tahsil Shivarinarayan, District Janjgir-Champa (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Ravi Kumar Banjare and Mr. Dileshwar Patel, Advocates on behalf of Mr. Jhanendra Kumar Mahilang, Advocate For State/Respondents No.1, 3 & 4 : Mr. S.S. Choubey, G.A. For Respondent No.2 : Ms. Aditi Joshi, Advocate on behalf of Ms. Madhunisha Singh, Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 20.08.2026 1. By filing the present writ petition, the petitioners call in question the legality and validity of the demolition notices issued by the respondents, whereby the petitioners have been directed to 3 remove the alleged encroachment within a period of seven days. The petitioners have also sought the following reliefs: “10.1 That, this Hon'ble Court may kindly be pleased to issue appropriate writ in the nature of mandamus restraining the respondents from interfering with the peaceful possession over the plot & house constructed. 10.2 That, this Hon'ble Court may kindly be pleased to restrain the respondents from taking any action of demolition of the house or any part of the petitioner's house. 10.3 That, this Hon'ble Court may kindly be pleased to decide the application of petitioner for grant of lease in accordance with law. 10.4 That, this Hon'ble Court may kindly be pleased to grant any other ancillary relief in the facts and circumstances of the case.” 2. Learned counsel appearing for the petitioners submits that the impugned notices for removal of the alleged encroachment have been issued to the petitioners by the respondent authorities, granting them only seven days' time to remove the alleged encroachment. He further submits that the petitioners have been in possession of the land in question for a considerable period of time and have constructed their houses thereon, where they are residing with their respective families. It is also submitted that the petitioners are poor and landless persons and have already submitted applications before the competent authority seeking 4 settlement/grant of lease in respect of the land in question, but no decision has been taken thereon. Learned counsel, therefore, submits that the petitioners may not be dispossessed without consideration of their applications for settlement and seeks appropriate directions to the respondents in this regard. 3. Learned counsel appearing for the respondent authorities submits that, in case the petitioners file fresh applications/representations before the competent authority seeking settlement/grant of lease of the land in question, the same shall be considered and decided in accordance with law. 4. Having heard learned counsel for the parties and having regard to the facts and circumstances of the case, particularly the submission that the petitioners have already approached the competent authority seeking settlement/grant of lease of the land in question, this Court is of the considered view that the grievance of the petitioners can be appropriately addressed by directing the competent authority to consider and decide their applications/representations in accordance with law. 5. Accordingly, the petitioners are directed to submit fresh applications/representations before the competent authority for settlement/grant of lease of the land in question, along with a copy of this order, within a period of 15 days from the date of receipt of certified copy of this order. On receipt of such applications/representations, the competent authority shall 5 consider and decide the same, strictly in accordance with law, by passing a reasoned and speaking order, within a period of 60 days thereafter. 6. Till the aforesaid period of 60 days expires, the respondents shall not take any coercive action pursuant to the impugned demolition notices against the petitioners as the order of status quo has been ordered in favour of the petitioners vide order dated 12.05.2023. It is made clear that this protection shall not create or confer any right, title or interest in favour of the petitioners over the land in question, and the competent authority shall take a decision on the applications strictly in accordance with the applicable provisions of law. 7. With the aforesaid observations and directions, the present writ petition stands disposed of. Sd/- Sd/- (Amitendra Kishore Prasad) Judge Yogesh