1 CGHC010083922026 2026:CGHC:37371 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 929 of 2026 1 - Dushyant Kumar Patle S/o Shri Dular Kumar Patle Aged About 55 Years R/o Village- Khamhariya, Janpad Panchayat Bemetara, Thana- Chandnu, Tahsil And District Bemetara C.G. ... Petitioner Versus 1 - State of Chhattisgarh Through The Secretary, Panchayat And Development Department, Atal Nagar, Nawa Raipur, District Raipur C.G. 2 - The Collector, Bemetara, District Bemetara C.G. 3 - The Sub-Divisional Officer (Revenue), Bemetara, District Bemetara C.G. 4 - The Tahsildar, Bemetara, District Bemetara C.G. 5 - The Sarpanch, Gram Panchayat, Khamhariya, Janpad Panchayat, Bemetara, District Bemetara C.G. 6 - The Secretary, Gram Panchayat Khamhariya, Janpad Panchayat, Bemetara, District Bemetara C.G. ... Respondents RAVVA UTTEJ KUMAR RAJU Digitally signed by RAVVA UTTEJ KUMAR RAJU Date: 2026.08.21 15:31:57 +0530 2 (Cause title is downloaded from CIS Periphery.) For Petitioner : Mr. Bharat Rajput, Advocate. For State : Mr. Sourabh Kumar Pande, Dy. A.G. For Respondents No. 5 & 6 : Ms. Pratibha Sahu, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 20.08.2026 1. By the present writ petition, the petitioner is seeking following reliefs:- “ 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 amended notice 23.02.2026 (Annexure P/3) and further be pleased to direct the respondent authorities not to take any coercive step against the petitioners for removal from the subject lands and house. 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 present petition has been filed challenging the impugned notice dated 10.02.2026 issued by Respondent No. 5, namely, the Sarpanch, Gram Panchayat, Khamhariya, Development Block and District Bemetara (C.G.), whereby, purportedly in exercise of powers under Section 56 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993, the petitioner has been called upon to remove the alleged encroachment. He further submits that the concerned Gram 3 Panchayat has no power or jurisdiction to pass a direct order for removal of encroachment. At best, the Gram Panchayat may refer the matter to the Tahsildar, Bemetara (C.G.)/Sub-Divisional Officer (Revenue), Bemetara (C.G.), who is competent to examine the matter and pass an appropriate order in accordance with law. It is, therefore, contended that the impugned notice issued by the Sarpanch is without jurisdiction and unsustainable in law. 3. Learned counsel appearing for the State submits that the power and jurisdiction to pass an order for removal of encroachment is vested with the competent Tahsildar. It is further submitted that, in terms of Section 56 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993, the concerned Gram Panchayat is required to refer the matter to the competent Tahsildar. However, from a perusal of the pleadings in the present petition, it appears that no such reference has been made by the concerned Gram Panchayat. 4. Having regard to the facts and circumstances of the case, and particularly considering that the concerned Sarpanch has assumed and exercised the jurisdiction vested in the competent Tahsildar, the impugned notice dated 10.02.2026 is hereby quashed and set aside. However, the concerned Gram Panchayat shall be at liberty to refer the matter to the competent Tahsildar in accordance with Section 56 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993, if it is of the opinion that the petitioner is in illegal occupation of, or has encroached upon, the land in question. Upon receipt of such reference, the competent Tahsildar 4 shall initiate appropriate proceedings and pass a reasoned and speaking order in accordance with law, after affording due and reasonable opportunity of hearing to the petitioner as well as all other concerned parties. Till completion of the aforesaid proceedings, which shall preferably be concluded within a period of 60 days from the date of receipt of the reference, the petitioner shall not be dispossessed from the land in question except in accordance with due process of law. 5. At this stage, learned counsel appearing for Respondent Nos. 5 and 6 submits that the Gram Panchayat has already passed the requisite resolution and has referred the matter to the competent Tahsildar. If the said submission is borne out from the record, the competent Tahsildar shall proceed with the matter forthwith in accordance with law and pass an appropriate order after affording due and reasonable opportunity of hearing to the petitioner and all other concerned parties. 6. With this observation and direction, this petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge U.K. Raju