1 2026:CGHC:15731 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1486 of 2026 1 - Brijesh Kumar Tamrakar S/o Late Shri Girija Singh Tamrakar Aged About 51 Years R/o Village- Samoda, Tehsil And District- Durg (CG) 2 - Vimal Kumar Tamrakar S/o Late Shri Girija Singh Tamrakar Aged About 53 Years R/o Village- Samoda, Tehsil And District- Durg (CG) ... Petitioners. Versus 1 - State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur (CG) 2 - Collector Durg, District- Durg (CG) 3 - Commissioner Durg Division, District- Durg (CG) 4 - Sub Divisional Officer ( Revenue) Durg, District- Durg (CG) 5 - Tahsildar Durg, District- Durg (CG) 6 - Gram Panchayat Samoda Through Its Sarpanch Gram Panchayat Samoda, Tehsil And District- Durg (CG) ... Respondents. (cause title downloaded from CIS Periphery) For Petitioners : Mr. Goutam Khetrapal with Mr. S.S. Barik, Advocates. For Res/State : Mr. Anadi Sharma, Panel Lawyer. Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2026.04.08 11:46:26 +0530 2 (Hon’ble Shri Justice Naresh Kumar Chandravanshi ) Order on Board 07/04/2026 1. This Writ Petition under Article 226 of the Constitution of India has been filed for the followings reliefs:- "10.1 Quash the impugned eviction warrant dated 09.03.2026 (Annexure-P/10) and notice dated 16.03.2026 (Annexure-P/12). 10.2 Direct the respondents to consider and decide the pending representation of the petitioners within a time bound manner. 10.3 Direct the respondents to grant compensation for land illegally used OR alternatively grant exchange of land (Tabadla) of Khasra No.778 in accordance with law. 10.4 Pass any other order deemed fit, in the interest of justice." 2. Learned counsel for the petitioner submits that the petitioner is recorded owner of land bearing Khasra No.83/4, admeasuring 0.15 hectares, situated at Village Samoda, PHN No. 13, Tahsil and District Durg. However, on about 0.10 hectare of the land, the Gram Panchayat Samoda has constructed a road, which is also reflected in the demarcation report (Annexure-P/2), therefore, the petitioner has filed applications for the exchange of land vide Annexure-P/3. Thereafter, on 08.10.2013 (Annexure-P/4), a recommendation report was made by the Tahsildar, Durg, for the exchange of land bearing Khasra No. 778, admeasuring 0.13 hectare, which is a Government land, in lieu of the aforesaid land of the petitioner, subject to the deposit of a differential amount which was determined at Rs. 4,19,000/-. Counsel further submits that the said recommendation was duly affirmed by the Sub-Divisional Officer (Revenue), Durg, and forwarded to the Collector. However, the Collector, Durg, as well as the Commissioner, Durg Division, 3 have both set-aside the order passed by the SDO (Revenue) and rejected the claim of the petitioner. 3. Counsel further submits that during the aforesaid proceedings, parallel proceedings under Section 248 of the Chhattisgarh Land Revenue Code, 1959, were also initiated against the petitioner alleging encroachment over the Government land bearing Khasra No.778. Subsequently, an eviction order was passed against the petitioner by the Tahsildar on 22.10.2013, which was upheld by the SDO (Revenue) and the Commissioner, Durg, in appeal. Hence, the petitioner has filed representations dated 27.05.2022 (Annexure- P/9). However, on 09.03.2026 (Annexure-P/10), an eviction warrant was issued against the petitioner directing the removal of the encroachment from Khasra No.778. Again on 10.03.2026 (Annexure-P/11), the petitioner submitted a representation before respondent No.1/State. However, on 16.03.2026 (Annexure-P/12), a further eviction notice was issued to the petitioner. As both representations have not yet been decided, counsel for the petitioner prays that this petition may be disposed of at this stage directing respondent No.1/State to decide the aforesaid representations within a specific period, and till decision of same, a direction be issued not to take any coercive steps against the petitioner in respect of the eviction orders (Annexure-P/10 & P/12). 4. On the other hand, learned State counsel submits that representations of the petitioners are under consideration and same shall be decided expeditiously in accordance with law. 5. Heard learned counsel for the parties and perused the documents annexed with the petition. 4 6. As contended by counsel for the petitioner, on one hand, 0.10 hectares of private land of the petitioner bearing Khasra No.83/4 is being utilized for construction of road, and on the other hand, the petitioner has allegedly encroached upon Government land bearing Khasra No.778, admeasuring 0.13 hectares. On account of such conflict, the petitioner seeks to exchange the aforesaid government land in lieu of the petitioner’s land utilized by the Gram Panchayat in constructing road. Further, when the petitioner moved applications, recommendations were made by the Tahsildar and SDO (Revenue), Durg, and a differential amount was determined as per the petitioner's submission, however, the Collector, Durg, and the Commissioner, Durg Division, rejected the recommendations of the Tahsildar and SDO and also rejected the claim of the petitioner. Furthermore, in parallel proceedings under Section 248 of the CG Land Revenue Code, an eviction notice has been issued to the petitioner on 16.03.2026 (Annexure-P/12). Hence, the petitioner submitted representations vide Annexure-P/9 and Annexure-P/11 raising his grievances. 7. Having considered the aforesaid facts and the limited prayer made by the petitioner, without dwelling on the merits of the case, this writ petition is disposed of with a direction to respondent No.1 to decide the representations submitted by the petitioner dated 27.05.2022 (Annexure-P/9) and 10.03.2026 (Annexure-P/11) in accordance with the law, as early as possible, preferably within a period of 60 days from the date of receipt of a copy of this order. 8. However, it is also observed that until the decision on the aforesaid representations, no coercive steps shall be taken against the petitioner in 5 respect of the eviction notice dated 16.03.2026 (Annexure-P/12) issued by the Additional Tahsildar, Durg, in connection with the subject land. 9. With the aforesaid observation and direction, this writ petition is disposed of. 10. Pending application(s), if any, also stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Ajay