1 CGHC010341082024 2026:CGHC:36682 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5198 of 2024 1 - Krishna Kumar Tripathi S/o Late Shri Awadh Narayan Tripathi Aged About 61 Years R/o House No. 218, Mahatma Gandhi Ward, Lodhi Para, Pandri, Raipur, Tah. And Dist. Raipur, C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Housing And Environment, Government Of Chhattisgarh, Capital Complex, Atal Nagar, Raipur, Dist. Raipur, C.G. 2 - New Raipur Development Authority Through The Chief Executive Officer, Pariyavas Bhawan, North Block Sector 19, New Raipur, Atal Nagar, Raipur, C.G. 3 - Tahsildar Mandir Hasoud, Tahsil Arang, Dist. Raipur, C.G. 4 - Grampanchayat Through Sarpanch Gram Navagaon, Tahsil Arang, Dist. Raipur, C.G. 5 - Ganga Purena S/o Bodhlal R/o Village- Navagaon, Tahsil- Arang, Dist. Raipur, C.G. ... Respondent(s) For Petitioner(s) : Mr. Sudeep Johri, Advocate. For Respondent(s)/State : Mr. Amit Nayak, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 17/08/2026 1. By way of this petition, the petitioner has prayed for following RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 reliefs:- “1-That the Hon'ble court may kind enough to call the record of the petitioner. 2-That the Hon'ble Court may be kind enough to pass a writ/ writs, order/ orders, direction / directions to the respondent no.1 to 4 to demolish the illegal construction and comply the orders given by the respondent no.2 to respondent no.3. 3-That the Hon'ble Court may be kind enough to pass any other writ, order or direction as deemed fit in the circumstances of the case.” 2. Learned counsel for the petitioner submits that the petitioner is a resident of Village Navagaon, Tahsil Arang, R.N.M. Mandir Hasoud, District Raipur, and is in possession of Abadi land situated in P.H. No. 171, District Raipur. It is submitted that respondent No. 5 has encroached upon the said land and raised an illegal construction thereon. Learned counsel further submits that, pursuant to a proposal passed by the Gram Panchayat on 08.10.2016, a complaint was made before the respondent authorities, whereupon respondent No. 2 took cognizance of the complaint submitted by the Gram Panchayat and respondent No. 4 and issued show-cause notices to respondent No. 5. Despite service of the said notices, respondent No. 5 initially failed to appear and comply with the directions contained therein; however, on 27.02.2017, he appeared before the concerned authority and 3 submitted his reply. It is further submitted that respondent No. 2, after considering the reply submitted by respondent No. 5 and upon due examination of the matter, directed respondent No. 3, vide order dated 15.03.2017, to demolish the illegal construction raised by respondent No. 5. Learned counsel submits that, despite the aforesaid order, no effective steps have been taken for its implementation and the alleged illegal construction continues to remain in existence. In this regard, the petitioner submitted several representations and request letters dated 06.08.2021, 15.11.2021 and 12.08.2022, requesting the concerned authorities to take necessary action and ensure demolition of the illegal construction; however, neither any effective action was taken by respondent No. 3 nor was the illegal construction demolished. It is further submitted that, having failed to secure any effective action from the respondent authorities, the petitioner sought the relevant documents and information under the Right to Information Act, 2005, but no satisfactory or fruitful response was furnished by respondents No. 1 to 3. Learned counsel, therefore, submits that, having been left with no other efficacious remedy, the petitioner has been constrained to invoke the extraordinary jurisdiction of this Court by filing the present petition, seeking appropriate directions for implementation of the order dated 15.03.2017 and removal of the illegal construction raised by respondent No. 5. 4 3. On the other hand, learned counsel for the State opposes the prayer made by the petitioner and submits that the petition, in its present form, does not call for any interference by this Court. 4. I have heard learned counsel appearing for the parties and have carefully perused the material available on record. 5. From the submissions made by learned counsel for the petitioner and the material available on record, it appears that the petitioner is the complainant who has approached the concerned Tahsildar seeking demolition/removal of the alleged illegal construction raised by respondent No. 5. However, it appears that no final order has yet been passed by the concerned Tahsildar on the grievance raised by the petitioner. In such circumstances, the petitioner is directed to approach the concerned Tahsildar by filing an appropriate representation/application along with all relevant documents. In the event such an application is filed, the concerned Tahsildar shall consider the grievance of the petitioner, conduct an appropriate enquiry into the matter, and thereafter pass a reasoned and speaking order, strictly in accordance with law, within a reasonable period. 6. The concerned Tahsildar shall also take into consideration the order passed by the NRDA, if the same is relevant to the controversy involved, and shall take all consequential steps as may be warranted in accordance with law. 5 7. It is made clear that this Court has not expressed any opinion on the merits of the controversy. The concerned authority shall consider and decide the matter independently, strictly in accordance with law, without being influenced by any observation made in this order. Needless to say, before passing any order having civil consequences, the concerned authority shall afford due and reasonable opportunity of hearing to all the concerned parties. 8. With the aforesaid direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat