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2026 DAILYLAW 3348 (CHH)

GOSSNER EVANGELICAL LUTHERAN CHURCH v. THE STATE OF CHHATTISGARH

WPC/6492/2025 · 2026-01-27

Shri Naresh Kumar Chandravanshi

Writ Petition (Civil)body2026

Judgment text

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1 2026:CGHC:4816 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6492 of 2025 Gossner Evangelical Lutheran Church North West Diocese, Ambikapur District Surguja C.G. Through Its Secretary- Rajesh Kumar Philip, Aged About 62 Years, S/o Late H. Philip, G.E.L. Church Kedarpur, Ambikapur District Surguja C.G. ... Petitioner versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of Revenue, New Mantralaya Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Distt. Raipur C.G. 2 - The Collector, Distt. Suguja C.G. 3 - The Commissioner, Nagar Palik Nigam, Ambikapur, Distt. Surguja C.G. 4 - The Sub Divisional Officer (Rev.), Sub Divn. Ambikapur, Distt Surguja C.G. 5 - The Tahsildar, Tahsil Ambikapur, District Surguja C.G. 6 - The Revenue Inspector (Nazul), Ambikapur, Distt. Surguja C.G. 7 - Deepak Yadav, Councilor (Parshad), Ward Shaheed Bhagat Singh, Ward No. 28, City, Ambikapur, Distt. Surguja C.G. ... Respondent(s) For Petitioner : Ms. Kusum Lalchandani, Adv. For Respondents No. 1, 2, 4, 5 and 6 : Mr. Vivek Verma, Govt. Adv. For Respondent No. 3 : Ms. Sonia Kuldeep, Adv. Digitally signed by AVANISH KUMAR PATHAK Date: 2026.01.30 16:47:47 +0530 2 (Hon’ble Mr. Naresh Kumar Chandravanshi, J) Order on Board 28-1-2026 1. Petitioner has preferred this writ petition (civil) under Article 226 of the Constitution of India seeking following reliefs :- “10.1 call for the entire records of the case from the authorities concerned for its kind perusal. 10.2 Set-aside the impugned Notice Dated No. 21.11.2025 100/N.Pa.Ni./Bh.Ni.A./2025, (ANNEXURE P- 1), issued by the Respondent No.03 and directing the Respondent No.03 to issue necessary permission for repairing of the courtyard of the Church, in the interest of justice. 10.3 Set aside order dated 22.09.2025 (ANNEXURE P- 2), passed by the Respondent No.06 in Revenue Case No. 202509021200117 Year 2024-25, in the interest of justice. 10.4 Any other relief, which this Hon'ble High Court deems fit and proper be also awarded.” 2. Learned counsel for the petitioner would submit that, the petitioner is constructing alleged Ahata on its own land bearing Khasra No. 1248 situated at Mohalla Kedarpur, Block Ambikapur, which it had purchased vide registered sale deed on 9-12-1953, despite that, notice (Annexure P-1) dated 21-11-2025 has been issued to the petitioner by respondent No. 3 and the petitioner has already submitted its reply vide Annexure P-10. Hence, she prays that this petition may be admitted for hearing. 3. Per contra, learned counsel appearing for respondent No. 3 would submit that, the petitioner is constructing said Ahata encroaching the 3 Government land without getting permission from Nagar Palik Nigam, Ambikapur, therefore, the petition may be dismissed. 4. Heard learned counsel for the parties and perused the material available on record. 5. By filing instant writ petition, the petitioner has challenged the notice (Annexure P-1) dated 21-11-2025 issued by the Nagar Palik Nigam, Ambikapur, Sarguja (CG), in which it has been alleged that, the petitioner is constructing alleged Ahata without due permission of Nagar Palik Nigam, Ambikapur. It is the contention of learned counsel for respondent No. 3 that, said Ahata is being constructed over government land, whereas it is the case of the petitioner that it is constructing said Ahata over its own land. 6. Since the petitioner has already filed reply (Annexure P-10) to the notice (Annexure P-1), therefore, having considered the aforesaid disputed fact, this Court is not inclined to entertain this writ petition invoking extraordinary jurisdiction of this Court. Hence, this writ petition is dismissed, granting liberty to the petitioner to raise its grievance before the respondent No. 3. 7. Interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Pathak