1 CGHC010009812023 2026:CGHC:34839 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 426 of 2023 Lalit S/o Mansharam Aged About 38 Years Caste Teli, R/o Village Dholiya, Tehsil Bemetara, District : Bemetara, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Deputy Collector For Collector Bemetara, District : Bemetara, Chhattisgarh 2 - The Nayab Tahsildar Bemetara Tehsil Bemetara, District : Bemetara, Chhattisgarh 3 - The Chief Executive Officer Janpad Panchayat Bemetara, District : Bemetara, Chhattisgarh 4 - The Sarpanch Gram Panchayat Dholiya, Village Dholiya, Tehsil Bemetara, District : Bemetara, Chhattisgarh 5 - Moolchand S/o Jagrasion Aged About 40 Years Caste Teli, R/o Village Dholiya, Tehsil Bemetara, District : Bemetara, Chhattisgarh ... Respondent(s) (Cause title is taken from CIS Periphery.) For Petitioner : Mr. Hariom Rai, Advocate. Digitally signed by AMIT PATEL 2 For State : Mr. Anmol Sharma, PL For Respondent No.5 : Mr. Suraj Jaiswal, Advocate on behalf of Mr. Vaibhav A.Goverdhan, Advocate Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 07.08.2026 1. The petitioner has filed the instant petition seeking following reliefs:- “10.1 That, this Hon'ble court may kindly be pleased to direct the respondent authority to decide the representation of the petitioner and pass a fresh order after giving opportunity of hearing to the petitioner within a outer limit of 90 days. 10.2 Any other relief, which the Hon’ble Court may deem fit and proper, may also be passed in favour of the petitioner. 2. Learned counsel for the petitioner submits that an order for eviction of possession dated 13.12.2022 was issued by the Sarpanch, Gram Panchayat- Dholia, who has no authority to issue such notice. It is submitted that as per Section 56 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993, the concerned Sarpanch shall only refer the resolution passed by the Panchayat for removal of encroachment to the concerned Tahsildar, which has not been done, instead, a direct notice for eviction has been issued by the concerned Sarpanch and as such, it is not in accordance with law. 3 3. Learned counsel for respondent No. 5 submits that he made a complaint against the petitioner, upon which action has been taken by the concerned Sarpanch of the Gram Panchayat. 4. Learned State counsel submits that, so far as the proceedings are concerned, the same have not been conducted by the concerned Tahsildar and only a notice for eviction has been issued. 5. Having heard learned counsel for the parties, upon due consideration of the facts and circumstances of the case, perusal of the documents available on record and the submissions advanced on behalf of the petitioner as well as the learned State counsel, it appears that the Sarpanch of Gram Panchayat, Dholia, has issued notice dated 13.12.2022 for eviction under Section 56 of the Act, 1993, for which the concerned Gram Panchayat is not competent. At the most, the concerned Gram Panchayat has to refer the matter to the concerned revenue authority i.e., the Tahsildar or any other competent revenue authority, which has not been done in the present case and a direct notice for eviction has been issued by the concerned Sarpanch is not in accordance with law. Accordingly, the notice dated 13.12.2022 is hereby quashed, however, the Gram Panchayat, Dholia, is at liberty to pass an appropriate reference in respect of eviction of the petitioner from the property in question to the concerned revenue authorities and, in turn, the concerned revenue authorities are required to pass an appropriate order for eviction of the petitioner in accordance with law after affording due opportunity of hearing to the petitioner. It is 4 made clear that this Court has not passed any order on the merits of the case. The present order has been passed on the ground that the concerned Gram Panchayat is not having the authority to issue a direct notice for eviction in the matter. 6. With the aforesaid observations and directions, this writ petition stands disposed of Sd/- (Amitendra Kishore Prasad) Judge AMIT PATEL