1 CGHC010035472021 2026:CGHC:39189 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 906 of 2021 Manoj Kumar Chandra S/o Shri Gorelal Chandra Aged About 30 Years R/o Village Salani, Tehsil Jaijaipur, District Janjgir-Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ... Petitioner(s) versus 1 - Union Of India Through Secretary, Ministry Of Environment, Forest And Climate Change, Government Of India, Indira Paryavaran Bhawan, Jorbagh Road, New Delhi 110003, India, District : New Delhi, Delhi 2 - State Of Chhattisgarh Through Collector Janjgir-Champa District Janjgir-Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh 3 - Sub-Divisional Officer (Revenue) Sakti, District Janjgir-Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh 4 - Tehsildar Jaijaipur District Janjgir-Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh 5 - Tankeshwar Chandra S/o Bhushan Lal Chandra Aged About 37 Years Sarpanch Of Gram Panchayat Salani, R/o Village Salani, Tehsil Jaijaipur, District Janjgir-Champa Chhattisgarh, District : Janjgir- Champa, Chhattisgarh Digitally signed by AMIT PATEL 2 6 - Ram Vijay Sharma Presently Posted As Tehsildar Jaijaipur Tehsil Jaijaipur, District Janjgir-Champa Chhattisgarh, District : Janjgir- Champa, Chhattisgarh 7 - Divisional Forest Officer Champa District Janjgir-Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Surfaraj Khan, Advocate For Respondent/ State : Mr. Abhishek Gupta, PL Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 07.09.2026 1. The petitioner has filed this petition with the following reliefs:- “ 10.1 That, this Hon'ble Court may kindly be pleased to issue a Suitable Writ (s), Order (s), Direction (S), by quashing the subsequent order dated 19/01/2021 in the proceeding (Annexure P/1) passed in Revenue 202101061800001/B-121/2020-21, Case No. (Manoj Kumar Chandra V/s. Tankeshwar Chandra). 10.2 That, this Hon'ble Court may kindly be pleased to call the entire records from the court below for its kind perusal. 10.3 Any other relief, which may be suitable in the facts and circumstances of the case, may also be granted..” 2. Learned counsel appearing for the petitioner submits that the petitioner/complainant had lodged a complaint before the Court of the Tahsildar, Jaijaipur, regarding illegal encroachment and unauthorized construction over the land recorded as “Bade Jhad 3 Ka Jungle”. Upon consideration of the complaint, the concerned Tahsildar passed an order dated 11.01.2021 restraining the concerned parties from carrying out any construction over the said land. However, subsequently, vide order dated 19.01.2021, the said interim order was vacated without affording any opportunity of hearing to the petitioner. It is further submitted that the matter was thereafter fixed for 25.01.2021. Learned counsel further submits that, during the pendency of the present petition, construction is being raised at the spot in question. However, as the matter remains pending and no return has yet been filed, the illegal construction and encroachment are continuing unabated. He, therefore, prays that the concerned authority may be directed to consider the complaint of the petitioner and take appropriate action in accordance with law for restraining and/or removing the illegal occupants who have encroached upon and raised construction over the land recorded as “Bade Jhad Ka Jungle”. 3. Learned counsel for the State submits that if any person has encroached upon the said land, which belongs to “Bade Chhad Ke Jungle”, the concerned revenue authorities are under an obligation to consider the same and restrain the concerned person from making any further encroachment or construction thereon, and to pass an appropriate order in accordance with law. 4. Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the petitioner as well 4 as learned counsel for the State, without entering into the merits of the case, the concerned Tahsildar is directed to consider the application/complaint filed by the petitioner, wherein it has been alleged that respondent No. 5, while serving as the Sarpanch of Gram Panchayat, Salani, had commenced and raised construction over the land belonging to “Bade Chhad Ke Jungle”. The concerned Tahsildar is directed to initiate appropriate proceedings in accordance with law and upon verification, if it is found that respondent No. 5 or any other person has encroached upon the land belonging to “Bade Chhad Ke Jungle” and has raised any construction thereon, to issue notice to the concerned persons and take appropriate action in accordance with law. The concerned Tahsildar shall, after initiation of the proceedings, forward the order-sheets as well as all other relevant documents to the Registrar (Judicial) of this Court. The aforesaid proceedings shall be initiated by the concerned Tahsildar within a period of one month from the date of receipt of a copy of this order. 5. With this observation and direction, this petition stands disposed of. SD/- (Amitendra Kishore Prasad) Judge AMIT PATEL