1 CGHC010287482022 2026:CGHC:38351 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3874 of 2022 1 - Vivek Kumar Chandrakar S/o Shri Dinesh Chandrakar Aged About 33 Years R/o Village Kesla, Ward No. 14, Raipur, Tahsil Kharora, District- Raipur, Chhattisgarh. 2 - Vinay Kumar Chandrakar S/o Shri Dinesh Chandrakar Aged About 34 Years R/o Village Kesla, Ward No.14, Raipur, Tahsil Kharora, District- Raipur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh. 2 - Collector Raipur, District- Raipur, Chhattisgarh. 3 - Tahsildar Tahsil Kharora, District- Raipur, Chhattisgarh. 4 - Revenue Inspector Bangoli, Tahsil Kharora, District- Raipur, Chhattisgarh. 5 - Halka Patwari No. 48 Village Keshala, District- Raipur, Chhattisgarh. ... Respondents ------------------------------------------------------------------------------------------------- For the Petitioners : None. For the State : Mr. SS Choubey, GA ------------------------------------------------------------------------------------------------- Hon'ble Mr. Amitendra Kishore Prasad, Judge Order on Board 31.08.2026 1. This petition has been filed under Article 226 of the Constitution of India with following reliefs: 2 “10. Relief(s) Sought: (i) That, this Hon'ble Court may kindly be pleased to call for the entire records of the case from the authorities concerned for its kind perusal, in the interest of justice. (ii) That, this Hon'ble Court may kindly be pleased to quash and set-aside eviction order dated 19.07.2022 (Annexure P-1) issued by the respondent no. 3, in the interest of justice. (iii) That, this Hon'ble Court may kindly be pleased to issue the writ order or directions to the respondents authorities to take necessary decision for proposal of Gothan in another place of vacant government land village Kesla, Raipur, Tahsil Kharora, District Raipur (C.G.), in the interest of justice. (iv) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities not to construct any government work/gothan over the area in which the petitioner is in possession of land khasra no. 347/1 which is village Kesla, Ward No. 14, Raipur, Tahsil Kharora, District Raipur (C.G.) and further be directed not to dispossess the petitioner from the land in question, in the interest of justice. (v) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.’’ 2. Brief facts of the case, as projected by the petitioners in the present writ petition, are that the petitioners are residents of the Village -Kesla, Ward No. 14, Raipur, Tahsil Kharora, District Raipur (C.G.), they are in peaceful possession of the land bearing Khasra No.347/1, situated at Village Kesla; they have constructed a 3 residential house over the said land and have been residing therein alongwith their family members for a considerable period of time, without any objection or complaint. The respondent-authorities have passed the Panchayat Resolution No.04 proposing construction of a ‘Gothan’ over the land bearing Khasra No. 347/1 situated at Village -Kesla without presence of the petitioners/occupants, despite the availability of other vacant Government land as reflected from the memo dated 24.02.2022. Thereafter, respondent No.3/Tahsildar vide impugned Annexure P- 1 dated 19.07.2022 issued a notice of eviction directing removal of the petitioners/occupants from the land in question without following the procedure prescribed by the law. Aggrieved by which, petitioners have preferred the present petition before this Court seeking above reliefs. 3. Learned State Counsel submits that the impugned eviction notice/order has rightly been issued by the competent authority. The proposal was only with regard to construction of a Gothan and as on date, there is no subsisting proposal to construct the Gothan over the land/property in question. As such, present petition has rendered itself infructuous. 4. Heard learned State Counsel and perused the writ petition, including the impugned eviction notice/order annexed as Annexure P-1. 5. Upon perusal of the pleadings contained in the writ petition and the submissions advanced by the learned State Counsel, it appears 4 that since the year 2022, no further order has been passed either in favour of or against the petitioners. 6. A perusal of the impugned eviction notice/order indicates that same was merely in the nature of a proposal for construction of a Gothan. As on date, no consequential order directing eviction or taking any coercive action against the petitioners has been passed. Had any such order been passed, the petitioners would have approached this Court for appropriate relief. It is also evident that the petitioners have not approached this Court after 09.09.2022. As such, it appears that, as on date, there is no imminent threat of dispossession of the petitioners from the land/property in question. 7. In view of the aforesaid circumstances, this Court deems it appropriate to dispose of the present petition. 8. Accordingly, the present writ petition is disposed of. However, liberty is reserved in favour of the petitioners to approach the appropriate Authority/Court in accordance with law in the event of any exigency arises. CC as per rules. Sd/- (Amitendra Kishore Prasad) Judge J.