1 2026:CGHC:17464 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1614 of 2026 Satrughan S/o Dhurbichan Aged About 55 Years Caste - Ahir R/o Village- And Gram Panchayat - Jori, Tahsil- Lundra (Dhaurpur) District- Surguja (C.G.) ... Petitioner versus 1 - The State Of Chhattisgarh Through- Secretary Department Of Revenue Mahanadi Bhawan Atal Nagar, Nawa Raipur, Raipur, District- Raipur (C.G.) 2 - The Collector Ambikapur District- Surguja (C.G.) 3 - The Sub Divisional Officer (R) Lundra (Dhaurpur) District- Surguja (C.G.) 4 - The Tahsildhar Tahsil- Lundra (Dhaurpur) District- Surguja (C.G.) 5 - The Gram Panchayat Mukha Through- Secretary Gram Panchayat - Jori, Tahsil- Lundra (Dhaurpur) District- Surguja (C.G.) ... Respondents For Petitioner : Mr. Shrikant Kaushik, Advocate For Respondents 1 to 4/State : Dr. Arham Siddiqui, Panel Lawyer (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 16.4.2026 1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India, seeking following relief(s):- 10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities not to vacate the land of the petitioner which is the sole source of his livelihood. BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.04.17 17:30:17 +0530 2 10.2 That, this Hon'ble Court may kindly be pleased to direct the Collector Ambikapur to consider and decide the application dated 01.04.2026 filed before him for grant of Patta within some stipulated period. 10.3 That, any other relief, which this Hon'ble Court deems fit under the facts and circumstances of the case may kindly be granted to the petitioner. 2. Learned counsel for the petitioner submits that the petitioner is in possession of land bearing Khasra No.73/3 area 0.010 hectare out of 0.174 hectare, situated at Gram Panchayat Jori, Tahsil Lundra (Dhaurpur), Distt. Surguja (CG) since the time of his forefathers i.e. for the past 40-50 years. During this period, the petitioner has constructed a house over a portion of the said land and is cultivating the remaining portion of the land for the livelihood of his family. It is submitted that despite having long possession in the aforesaid Govt. land, respondent No.4-Tahsildar, Tahsil Lundra (Dhaurpur) has issued eviction notice dated 11.3.2026 (Annexure-P/1) for removal of encroachment. Learned counsel further submits that except aforesaid land, the petitioner has no other shelter or alternative land to live and earn his livelihood. Therefore, he has filed application dated 01.4.2026 (Annexure-P/3) before respondent No.2-Collector, Ambikapur Distt. Surguja. It is therefore, prayed that this petition may be disposed of directing respondent No.2-Collector, Ambikapur to consider and decide the application of the petitioner within stipulated period. It is further prayed that, till the said application is decided, respondent No. 4-Tahsildar, Tahsil Lundra (Dhaurpur), may be restrained from dispossessing the petitioner from the land in question. 3. In reply, learned counsel for the State submits that earlier the petitioner has not filed any application for grant of Patta, rather he filed application 3 dated 01.4.2026 (Annexure-P/3) only after issuance of eviction notice dated 11.03.2026 (Annexure-P/1). 4. Heard learned counsel for the parties and perused the material available on record. 5. It is the contention of learned counsel for the petitioner that the petitioner has been residing on the above said Govt. land since the time of his forefathers, i.e. for the past 40-50 years and that, except the aforesaid land, he has no other land to live and earn his livelihood. 6. The Hon'ble Supreme Court in the case of Ahmedabad Municipal Corporation Vs. Nawab Khan Gulab Khan and Ors {MANU/SC/0051/1997}, has observed the constitutional duty of the State in cases involving encroachment. The relevant portion of the afore-cited judgment is reproduced hereunder:- “13....It would, therefore, be clear that though no person has a right to encroach and erect structures or otherwise on footpath, pavement or public streets or any other place reserved or earmarked for a public purpose, the State has the Constitutional duty to provide adequate facilities and opportunities by distributing its wealth and resources for settlement of life and erection of shelter over their heads to make the right to life meaningful, effective and fruitful..." 7. Further, the Hon'ble Supreme Court in the case of In Re: T.N. Godavarman Thirumulpad Vs. Union of India and Ors.{MANU/SC/0762/2025}, while dealing with issue of right to shelter referred the case of Chameli Singh and Ors. v. State of U.P. and Anr. MANU/SC/0286/1996: (1996) 2 SCC 549, in which it has been held as under:- "8....Shelter for a human being, therefore, is not a mere protection of his life and limb. It is home where he has 4 opportunities to grow physically, mentally, intellectually and spiritually. Right to shelter, therefore, includes adequate living space, safe and decent structure, clean and decent surroundings, sufficient light, pure air and water, electricity, sanitation and other civic amenities like roads etc…" 8. Reverting to the facts of the instant case, the petitioner claims to be a landless person and except aforesaid land, he has no other land to live and earn his livelihood. Therefore, having considered the limited prayer of the petitioner and in light of judgments rendered by the Hon’ble Apex Court in the afore-cited cases, this petition is disposed of with a direction that in the event the petitioner submits a copy of this order before respondent No.2-the Collector within a period of 15 days from today, then respondent No.2-the Collector, Ambikapur Distt. Surguja (CG) shall consider and decide the application dated 01.4.2026 (Annexure- P/3) filed by the petitioner, as early as possible, preferably within a period of 90 days from the date of receipt of a copy of this order. Till such time, the petitioner shall not be dispossessed from the said land in question in pursuance of the eviction Notice dated 11.3.2026 (Annexure – P/1). 9. With aforesaid observation and direction, this petition stands disposed of. 10. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Bini