1 CGHC010100342021 2026:CGHC:41743 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2073 of 2021 1 - Amar Singh Kanwar, S/o Late Pusau Ram Kanwar, Aged About 54 Years Caste Kanwar (S T), R/o Ward No. 12, Village Dhukupathra, Tahsil Pali, District Korba Chhattisgarh. Pin 495449. ... Petitioner(s) versus 1 - State Of Chhattisgarh, Through - The Secretary, Ministry Of Revenue, Mantralaya, Mahanadi Bhawan, Atal Nagar Nava Raipur, District Raipur Chhattisgarh. 2 - The Collector, Bilaspur, Collectorate, District Bilaspur Chhattisgarh. 3 - The Tahsildar, Tahsil Kota, District Bilaspur Chhattisgarh. 4 - The Tahsildar, Tahsil Pali, District Korba Chhattisgarh. 5 - The Sarpanch, Gram Panchayat Sees, Village Sees, Janpad Panchayat Kota, District Bilaspur Chhattisgarh. ... Respondent(s) ( Cause title taken from CIS Periphery) For Petitioner(s) : None For Respondent /State : Mr. Hariom Rai, P.L. For Respondent No.5 : Mr. Abhipreet Bajpai appears on behalf of Mr. Anurag Bajapi, Advocate RUCHI YADAV Digitally signed by RUCHI YADAV 2 SB: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 25/09/2026 1. By way of the present petition, the petitioner has prayed for following reliefs:- “10.1 issue a writ of mandamus against the respondents and in favour of the petitioner by quashing the impugned notice for eviction dated 20.03.2021 (Annexure P/1) issued by the Sarpanch of the Gram Panchayat Sees; 10.2. issue a writ of mandamus against the Tahsildar Pali, District Korba to demarcate Khasra No. 520/1 and erect boundary mark over an area of 0.434 hectare upon which the right has been conferred under the Forest Right Act, 2006; 10.3. any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice.” 2. Facts of the case are that the petitioner was conferred forest rights under the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 over Khasra No. 520/1, admeasuring 0.434 hectare, situated at Village Dhukupathra, Patwari Halka No. 19, Revenue Circle Pali. Gram Panchayat Sees proposed construction of a Gouthan over Khasra No. 24. A dispute arose regarding the location of the proposed Gouthan and the territorial limits of Gram Panchayat Sees and Gram Panchayat Dhukupathra. In this regard, W.P.(C) No. 1660/2020 was filed before this Court. By order dated 27.07.2020, this Court directed the co- 3 villagers to approach the concerned Tahsildar for resolution of the dispute and directed that Gram Panchayat Sees shall not construct the Gouthan beyond its territorial limits. Pursuant to the said order, a representation was submitted before the Tahsildar, Kota on 31.07.2020, and proceedings for demarcation were initiated in respect of Khasra No. 24. Subsequently, the Sarpanch of Gram Panchayat Sees issued a notice to the petitioner for eviction from the land over which forest rights had been conferred upon him. The petitioner has, therefore, filed the present petition challenging the said eviction notice. 3. From perusal of the pleadings, it appears that the Sarpanch, Gram Panchayat Sees, Janpad Panchayat Kota, District Bilaspur (C.G.), has issued a notice to the petitioner for removal of encroachment from the land in question. 4. The aforesaid notice appears to have been issued without jurisdiction, as the concerned Gram Panchayat has no authority to direct the petitioner to remove the alleged encroachment. At the most, the Gram Panchayat may refer the matter to the competent revenue authority for taking appropriate action in accordance with law. However, no such reference appears to have been made in the present case. 5. In view of Section 56 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993, the Gram Panchayat is required to refer the matter to the competent revenue authority and cannot itself direct the alleged encroacher to remove the encroachment. Accordingly, the notice dated 20.03.2021 issued by the Sarpanch, Gram Panchayat Sees, is hereby quashed. 4 6. However, liberty is reserved in favour of the Gram Panchayat to take appropriate action in accordance with Section 56 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993, if so advised. 7. Accordingly, the present petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Ruchi