1 2026:CGHC:15480 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1334 of 2026 1 - Alekhram S/o Mayaram Aged About 47 Years R/o Caste- Aghariya, At- Village- Kejuwan, Pc No. 18, Rnm Arjunda And Tehsil- Saraipali, District- Mahasamund, (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Tehsildar Saraipali, At- Tehsil Office Saraipali, District- Mahasamund, (C.G.) 2 - Sub Divisional Officer (Revenue) Saraipali, District- Mahasamund, At- Tehsil Office Saraipali, District- Mahasamund, (C.G.) 3 - Commissioner Raipur Division, Raipur C.G. At- Opposite Lal Ganga Complex, Ge Road Raipur, C.G. 4 - Gram Panchayat Village Kejuwan Tehsil Saraipali, District- Mahasamund, Through Sarpanch, Gram Panchayat Kejuwan Tehsil Saraipali, District- Mahasamund, (C.G.) 5 - Dubey Singh S/o Chandan Singh Aged About 47 Years Caste - Gond, At Village- Kejuwan, Pc No. 18, Rnm Arjunda And Tehsil- Saraipali, District- Mahasamund, (C.G.) ... Respondents (Cause title taken from Case Information System) For Petitioner : Mr. Lukesh Kumar Mishra, Advocate For State/Respondent Nos.1 to 3 : Mr. Soumitra Kesharwani, Panel Lawyer. RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2026.04.09 17:39:34 +0530 2 (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 06/04/2026 1. Heard. 2. This writ petition has been preferred by petitioner under Article 226 of the Constitution of India seeking following reliefs:- “10.1 The Court may kindly be pleased to pass appropriate writ(s)/order(s) to respondent No.01 for complete removal of illegal obstruction and to conclude the execution within a fixed time frame. 10.2 Any other relief/direction that the Court may deem fit in the facts and circumstances of the case.” 3. Learned counsel for the petitioner submits that, in pursuance of an application filed by the petitioner against private respondent No.5 under Section 248 of the Chhattisgarh Land Revenue Code, 1959, an eviction order was passed by the Tehsildar/Additional Tehsildar, Saraipali, District Mahasamund on 09.05.2022 (Annexure-P/2) in Revenue Case No.201809121000006/A-68/2017-18. An appeal preferred by respondent No.5 before the Sub-Divisional Officer (Revenue), Saraipali, District Mahasamund (CG) was dismissed vide order dated 25.09.2023 (Annexure-P/3), and the second appeal was also dismissed by the Commissioner, Raipur Division, Raipur vide order dated 24.12.2024 (Annexure-P/4). He further submits that, in compliance of the eviction order dated 09.05.2022 passed by the Addl. Tehsildar, only partial compliance was made on 11.09.2025; meaning thereby, the order has not been fully complied with. When a specific question was posed to learned counsel for the petitioner as to whether the petitioner has filed any application before the concerned Tehsildar 3 or the supervisory Revenue Authority, he submitted that no such application has been filed. 4. Per contra, learned State counsel submits that if the petitioner is not satisfied with the compliance of the order dated 09.05.2022, he may approach the concerned Tehsildar/Addl. Tehsildar for ensuring full compliance of the said order. 5. In view of the above contention of learned State counsel, learned counsel for the petitioner seeks permission of this Court to withdraw the present writ petition with liberty to file an appropriate application before the concerned Tehsildar/Addl. Tehsildar, Saraipali, District Mahasamund, for full compliance of the order dated 09.05.2022. 6. Having considered the submission made by learned counsel for the petitioner, it is surprising that although the eviction order was passed by the Addl. Tehsildar, Saraipali, he directed the concerned Gram Panchayat to remove the encroachment, whereas he himself ought to have ensured compliance with the said order, which was subsequently done by him; however, it is contention of learned counsel for the petitioner that only partial encroachment has been removed. He has also filed photographs to demonstrate the aforesaid facts. In view of the above, and after considering the submissions of learned counsel for both the parties, the present writ petition is disposed of at this stage by granting liberty to the petitioner to file appropriate application before the Tehsildar/Addl. Tehsildar, Saraipali, District Mahasamund, for full compliance of the order dated 09.05.2022 passed in Revenue Case No.201809121000006/A-68/2017-18. It is further observed that, in the event of filing of such application by the petitioner,the concerned Tehsildar/Additional Tehsildar shall act upon the same in accordance 4 with law within a period of 45 days from the date of receipt/submission of a copy of this order. 7. With the aforesaid observations and directions, the present writ petition stands disposed of. 8. Pending interlocutory application(s), if any, also stands disposed of. No order as to cost(s). Sd/- (Naresh Kumar Chandravanshi) Judge Rukhsar