1 2026:CGHC:16744 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2664 of 2021 Suthal Ram, S/o Late Shri Manbodh, Aged About 58 Years R/o - Village - Silmadand, Bargawan, Thana And Thesil - Darima, District - Surguja Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh, Through Its Secretary, Department Of Revenue, Mahanadi Bhawan, Naya Raipur, District - Raipur Chhattisgarh. 2 - Collector, Ambikapur, District - Surguja Chhattisgarh. 3 - Thasildar, Ambikapur, District - Surguja Chhattisgarh. 4 - Naib Thasildar, Circle - Darima, Ambikapur, District - Surguja Chhattisgarh. 5 - Shiv Kumar, S/o Shri Premsai, R/o - Village - Bargawan, Thesil - Ambikapur, District - Surguja Chhattisgarh. 6 - Shiv Ratan, S/o - Shri Premsai, R/o - Village - Bargawan, Thesil - Ambikapur, District - Surguja Chhattisgarh. 7 - Shiv Charan, S/o Shri Premsai, R/o- Village - Bargawan, Thesil - Ambikapur, District - Surguja Chhattisgarh. 8 - Jaknu, S/o Shri Jhari, R/o - Village - Bargawan, Thesil - Ambikapur, District - Surguja Chhattisgarh. ---- Respondents For Petitioner : Mr. Gaurav Patel, Advocate appears on behalf of Mr. Vinay Pandey, Advocate For State : Mr. Sangharsh Pandey, GA For Respondents No.5 to 7 :Mr. Anand Kumar Kujur, Advocate 2 Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 10/04/2026 1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India seeking following reliefs :- "10.1 That, the petitioner most humbly and respectfully prays to this Hon’ble Court to issue appropriate writ/order/direction to the respondent authorities to take necessary steps for evacuation of the respondent No.5 to 8 from the property of the petitioner, who have been declared encroachers in the property of the petitioner by the respondent Tahsildar by virtue of orders contained in Annexure P-1 and Annexure P-2, as per the provisions of the Chhattisgarh Land Revenue Code, 1959. 10.2 Any other relief whatsoever, this Hon’ble Court may deem fit and proper may also be granted to the petitioner.” 2. Brief facts of the case are that the petitioner is in possession of land situated in Khasara no. 1506/1, village Bargawan, Thana and Thesil- Darima, District- Surguja (Chhattisgarh). The respondents No. 5 to 8 illegally constructed house and started agricultural activities in the land of the petitioner. The petitioner initially tried to draw the attention of the respondent no. 5 to 8 that their activities are prohibited under law and they cannot illegally encroacher the land of the petitioner for the purpose of construction of house and agricultural activities. The notices given to the respondent no.5 to 8 were overlooked by them and they 3 continued their illegal activities. The petitioner finds it appropriate to take a legal recourse provided under the provisions of the Chhattisgarh Land Revenue Code, 1959. He moved an application before the jurisdictional Thasildar, who in turn issued notice to the respondent no.5 to 8 as per the procedure prescribed. After giving adequate opportunity of hearing to the non-applicants the respondent Thasildar exercising the power vested upon him by virtue of Section 248 (2) of the Chhattisgarh Land Revenue Code, 1959, imposed penalty upon the respondent no.5 to 8 and at the same time ordered for their eviction from the said portion of land. The respondent no.5 to 8 did not choose to file an appeal against the order passed by the respondent Thasildar and same has attained finality. Despite clear and loud order passed by the respondent Thasildar the respondent no.5 to 8 not bothered to comply the order neither the fine amount was paid nor they evacuate the said land. The petitioner again moved an application before the respondent Thasildar and again the Tahsildar summarized the case and passed an order in favor of the petitioner and directed for removal of encroachers from the said land, but till date the order has not seen its fine ending. The respondent no.5 to 8 are till date in possession of the said land, enjoying the fruits and are mocking the order passed by the revenue officers. The petitioner is running pillar to post, making representations before the authorities, The Secretary Revenue, The respondent Collector are aware with the order passed by the respondent Thasildar, proper representations have been preferred before them, but 4 no one is taking any action against the erring officers and the encroachers. The petitioner has not left any door un knocked and when he could not get any relief from the respondent authorities he has approached this Hon'ble High Court with a prayer to issue appropriate order against the respondent authorities to get the land vacated from the illegal encroachers. 3. Learned counsel for the petitioner would submit that the petitioner is in peaceful possession of land situated in Khasara no. 1506/1, village- Bargawan, Thana and Thesil- Darima, District- Surguja (Chhattisgarh). Respondents No. 5 to 8 illegally constructed house and started agricultural activities in the land of the petitioner, therefore the petitioner finds it appropriate to take a legal recourse provided under the provisions of the Chhattisgarh Land Revenue Code, 1959. He moved an application before the jurisdictional Thasildar, who in turn issued notice to the respondent no.5 to 8 as per the procedure prescribed. After giving adequate opportunity of hearing to the non- applicants the respondent Thasildar exercising the power vested upon him by virtue of Section 248 (2) of the Chhattisgarh Land Revenue Code, 1959, imposed penalty upon the respondents no.5 to 8 and at the same time ordered for their eviction from the said portion of land. He would further submit that the respondents no.5 to 8 did not choose to file an appeal against the order passed by the respondent Thasildar and same has attained finality. Despite clear and loud order passed by the respondent Thasildar the respondent no.5 to 8 not bothered to comply 5 the order neither the fine amount was paid nor they evacuate the said land. The petitioner again moved an application before the respondent Thasildar and again the Tahsildar summarized the case and passed an order in favor of the petitioner and directed for removal of encroachers from the said land, but till date the order has not seen its fine ending. The respondent no.5 to 8 are till date in possession of the said land, enjoying the fruits and are mocking the order passed by the revenue officers. He would further submit that the petitioner is running pillar to post, making representations before the authorities, The Secretary Revenue, The respondent Collector are aware with the order passed by the respondent Thasildar, proper representations have been preferred before them, but no one is taking any action against the erring officers and the encroachers. He would further submit that the petitioner has not left any door un knocked and when he could not get any relief from the respondent authorities he has approached this Hon'ble High Court with a prayer to issue appropriate order against the respondent authorities to get the land vacated from the illegal encroachers. 4. Learned counsel for the respondents No.5 to 7 opposes the submission made by learned counsel for the petitioner and would submit that the petitoner keeps harassing the answering respondents and even interferes with enjoyment of their property. When the petitioner brought eight tractors of bricks and unloaded it on answering respondent’s land with intentino of forcefully onstructing house and boundary wall and encroaching the land of answering respodnents, then 6 the father of the answering resopndents, i.e. Premsai made complaints to the authorities. 5. I have heard learned counsel for the parties and perused the material available on record. 6. From the perusal of the writ petition, it appears that there are disputed questions of fact which cannot be adjudicated in the present facts and circumstances of the case as such the petitioner is directed to appear before the concerned authority who has passed the order for eviction as the learned counsel for the respondents submit that so far as the allegation of the petitioner is concerned he has already vacated a portion of the land to which the petitioner is claiming possession. However, the petitioner is again making first complaint stating that the petitioner is encroaching upon the land, whereas fact is that the petitioner has received patta (lease) under the Hareli-Saheli scheme for the land bearing khasra No.1506/1 area 01 hectare in the name of father of respondents No.5, 6 & 7 - Premsai. The concerned authorities are directed to consider the same as according to repsondents No.5 to 7 the land which has been given on lease to the respondents no.5 to 7 are not required to be vacated as these lands are given on lease be that it may be the concerned Tahsildar as well as the Revenue Authority are directed to consider and decide the complaint of the petitioner, in accordance with law. While given due opportunity of hearing to the petitioner as well as the respondents No.5 to 7. 7 7. Both the parties shall be given fair opportunity of hearing and the matter is required to be decided in accordance with law by reasoned and speaking order. 8. In view of the observations made herein above, the instant petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Vasant