1 CGHC010338972026 2026:CGHC:38999 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4496 of 2026 1 - Indrarekha Rajput W/o Late Shri Ram Dhan Rajput Aged About 62 Years R/o Village Lamti, P.S And Tehsil- Sargaon, District- Mungeli, Chhattisgarh ... Petitioner Versus 1 - State of Chhattisgarh Through Its Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Mantralaya Capital Complex, Atal Nagar, New Raipur, District Raipur Chhattisgarh 2 - Collector District- Mungeli, Chhattisgarh 3 - Sub Divisional Officer (Revenue) Mungeli, District- Mungeli, Chhattisgarh 4 - Chief Executive Officer Zila Panchayat, Mungeli, District- Mungeli, Chhattisgarh 5 - Chief Executive Officer Janpad Panchayat Pathariya, District- Mungeli, Chhattisgarh 6 - Tehsildar Sargaon, District- Mungeli, Chhattisgarh RAVVA UTTEJ KUMAR RAJU Digitally signed by RAVVA UTTEJ KUMAR RAJU Date: 2026.09.07 11:03:35 +0530 2 7 - Dinesh Sharma S/o Ramadhar Sharma Aged About 60 Years R/o Village Lamti, P.S And Tehsil- Sargaon, District- Mungeli, Chhattisgarh 8 - Mukesh Sharma S/o Ramadhar Sharma Aged About 65 Years R/o Village Lamti, P.S And Tehsil- Sargaon, District- Mungeli, Chhattisgarh 9 - Sanjay Sharma S/o Ramadhar Sharma Aged About 55 Years R/o Village Lamti, P.S And Tehsil- Sargaon, District- Mungeli, Chhattisgarh 10 - Sarpanch Village Panchayat- Daruan Kanpa, Janpad Panchayat- Pathariya, District- Mungeli, Chhattisgarh ... Respondents (Cause title is downloaded from CIS Periphery.) For Petitioner : Mr. Gajendra Kumar Sahu, Advocate. For State : Mr. Sabyasachi Choubey, G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 03/09/2026 1. The petitioner has filed the instant petition seeking the following reliefs:- “10.1 That, this Hon’ble Court may kindly be please to quash and set-aside impugned notice dated 19.06.2026 issued by the respondent No. 6, in the interest of justice. 10.2 That, this Hon’ble Court may kindly be please to issued the writ order or direction to the respondents authorities to do not dispossessed the petitioner in the aforesaid name, in the interest of justice. 3 10.3 That, this Hon’ble Court may kindly be please to issued similar order as per order dated 04.01.2021, in the interest of justice. 10.4 Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.” 2. Learned counsel for the petitioner submits that the impugned notice dated 19.06.2026, issued by respondent No. 6/Tehsildar, Sargaon, District Mungeli, Chhattisgarh, regarding removal of the alleged encroachment, has been served upon the petitioner. He further submits that the petitioner is a widow and that the house and land in question constitute her sole source of livelihood. He, therefore, submits that appropriate protection may kindly be granted to the petitioner against any coercive action pursuant to the impugned notice. 3. Learned counsel for the State submits that the petitioner is an encroacher over the land in question and, therefore, no indulgence or protection can be granted in his/her favour. 4. Having heard learned counsel for the parties and upon perusal of the record, this Court finds that the proceedings have been initiated pursuant to certain complaints made by private parties and that no final order has yet been passed against the petitioner. The impugned notice dated 19.06.2026 has been issued in the course of such proceedings; however, upon perusal thereof, this Court finds that the notice is vague and has been issued by the concerned Reader instead of the competent authority. Accordingly, 4 the notice dated 19.06.2026 is hereby quashed. However, liberty is reserved in favour of the competent authority to initiate fresh proceedings and issue an appropriate notice to the petitioner in accordance with law. It is well settled by the Hon’ble Supreme Court in the matter referred to herein that even where a person is alleged to be in unauthorized or illegal occupation of land, the competent authority is required to follow the prescribed procedure, including issuance of notice and affording a reasonable opportunity of hearing. Accordingly, in the event the competent authority proposes to proceed against the petitioner, it shall issue a proper and specific notice, obtain the petitioner's reply and afford an effective opportunity of hearing before passing any order in accordance with law. 5. With this observation and direction, the petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge U.K. Raju