1 CGHC010223902024 2026:CGHC:34862 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3406 of 2024 1 - Rohit Sahu S/o Bisal Sahu, Aged About 50 Years R/o Village- Umargaon, Tahsil Nagri, District Dhamtari (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - The Collector, Dhamtari, District- Dhamtari (C.G.) 3 - The Tahsildar, Nagri, District Dhamtari (C.G.) 4 - The Sarpanch, Gram Panchayat, Umargaon, Tahsil- Nagri, District Dhamtari (C.G.) 5 - The Sub- Divisional Officer (Revenue), Nagri, District Dhamtari (C.G.) ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner(s) :- Mr. Anil Kumar Sahu, Advocate on behalf of Mr. Sanjeev Kumar Sahu, Advocate VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 For State :- Dr. Arham Siddiqui, P.L. ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 07.08.2026 1. Following reliefs have been prayed by way of this petition:- “10.1 That, this Hon'ble Court may kindly be pleased to call the records pertaining to the case from the respondent authorities. 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby setting- aside/quashing the impugned notice (Annexure P/1) and further be pleased to direct the respondent authorities not to take any coercive step against the petitioner for removal from subject government Abadi land and house situated at Village Umargaon, Tahsil- Nagri, District-Dhamtari. 10.3 To kindly grant any other relief which may be deem fit in the given facts and circumstances of the instant case.” 2. Learned counsel for the petitioner submits that the impugned notice has been issued by the competent Sarpanch, stating that in the event the encroachment is not removed, necessary proceedings shall be initiated under the provisions of the Chhattisgarh Land Revenue Code. It is submitted that, apprehending such proceedings, the petitioner has preferred the present petition. 3 3. Learned State counsel submits that the petitioner has approached this Court directly without submitting any reply or objection to the notice before the competent Gram Panchayat. It is contended that the present petition, at this stage, is not maintainable, as the petitioner ought to have submitted his reply before the competent Gram Panchayat, whereupon the Gram Panchayat would consider the same and, if necessary, take appropriate action in accordance with law, including by referring the matter under Section 56 of the Chhattisgarh Land Revenue Code. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the nature of the dispute and the stage at which the petitioner has approached this Court, this Court is of the considered view that the petitioner ought to avail the opportunity of submitting his reply/objection before the competent Gram Panchayat against the notice impugned herein. 6. Accordingly, the petitioner is directed to submit his reply/objection before the competent Gram Panchayat within a period of two weeks from today. Upon receipt of such reply/objection, the competent authority shall consider the same and pass an appropriate, reasoned and speaking order, strictly in accordance with law, after affording due opportunity of hearing to the petitioner. 4 7. It is made clear that this Court has not expressed any opinion on the merits of the case. The competent authority shall take a decision uninfluenced by any observation made in this order. 8. With the aforesaid direction, the writ petition stands disposed of. sd/- (Amitendra Kishore Prasad) Judge Vishakha