BHUNESHWAR PRASAD RATHORE v. STATE OF CHHATTISGARH
WPC/4211/2026 · 2026-08-12
Shri Amitendra Kishore Prasad
body2026
DailyLaw.ai
[ 2026 DAILYLAW 32453 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 32453 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
CGHC010309962026
2026:CGHC:35911
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4211 of 2026 1 - Bhuneshwar Prasad Rathore S/o Narhari Prasad Rathore, Aged About 51 Years, Caste Rathore, R/o Village Sivni, Village Panchayat Sivni, Tehsil Champa, District Janjgir-Champa Chhattisgarh 2 - Kashi Prasad Agrawal S/o Shri Satyanarayan Agrawal, Aged About 73 Years, Caste Agrawal, R/o Village Sivni, Tehsil Champa, District Janjgir-Champa Chhattisgarh 3 - Puran Lal Rathore S/o Masturam Rathore Aged About 61 Years, Caste Rathore, R/o Village Sivni, Tehsil Champa, District Janjgir-Champa Chhattisgarh 4 - Baisakhu Bareth S/o Nammu Bareth Aged About 53 Years, Caste Dhobi, R/o Village Sivni, Tehsil Champa, District Janjgir-Champa Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh 2 - Collector Janjgir Champa District Janjgir-Champa Chhattisgarh 3 - Sub-Divisional Officer (Rev) Champa, District Janjgir-Champa Chhattisgarh 4 - Naib Tehsildar, Champa District Janjgir-Champa Chhattisgarh
2 5 - Gram Panchayat Sivni Through its Secretary, Village Sivni, Tehsil Champa, District Janjgir-Champa
... Respondent(s) (Cause Title downloaded from CIS Periphery) For Petitioner(s) : Mr. Ashutosh Shukla, Advocate For Respondent(s) : Dr. Saurabh Kumar Pande, Dy. AG
S B: Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board 13/08/2026
1. Heard.
2. By way of this petition, the petitioner seeks the following reliefs :
10.1. Call for the complete records of Case No. 68/2025- 26 from the office of Respondent No. 4 (Naib Tehsildar, Champa).
10.2. Issue an appropriate writ, order, or direction quashing the impugned eviction notices dated 23.06.2026 issued by Respondent No. 4 (Annexure P-5).
10.3. Issue a writ of prohibition or any other appropriate writ restraining the Respondents from interfering with the peaceful possession and commercial operations of the Petitioners over their respective premises situated at Village Sivni, Tehsil Champa.
10.4. Any other relief that this Hon'ble Court deems fit and proper in the facts and circumstances of the case, together with costs
3. Learned counsel for the petitioners submits that the impugned notices have been issued to the petitioners to remove the alleged encroachment from Government land within 7 days along with a SHYNA AJAY Digitally signed by SHYNA AJAY Date: 2026.08.14 14:57:51 +0530
3 penalty of Rs.1000/- imposed on each of them. He submits that the petitioners have been occupying the land and carrying on their business (running different shops) thereon for a long time, as such, the impugned notices issued to them are not in accordance with law.
4. Considering the fact that only notices have been issued to the petitioners for removal of encroachment and they claim to be in possession of the land in question since a long period, the petitioners are directed to file an appropriate reply within a period of 10 days from today before the concerned authorities and in turn, the concerned authorities are directed to decide the same in accordance with law, expeditiously preferably within a period of 60 days from the date of receipt of a copy of this order.
5. Till then, no coercive steps shall be taken against the petitioners by the concerned authority.
6. With the aforesaid observations/directions, the Petition is finally
disposed of. Sd/- (Amitendra Kishore Prasad) Judge
Shyna Ajay