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2026 DAILYLAW 9868 (CHH)

ASHWANI KUMAR TONDREY v. STATE OF CHHATTISGARH

WPC/1964/2026 · 2026-04-22

Shri Amitendra Kishore Prasad

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Judgment text

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1 2026:CGHC:18577 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1964 of 2026 Ashwani Kumar Tondrey S/o Shri Chandra Shekhar Tondrey Aged About 39 Years R/o Ward No. 10, Village Khudubhata, P.S. And Tehsil Masturi, Distt. Bilaspur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Nawa Raipur, Distt. Raipur, Chhattisgarh. 2 - Director Department Of Revenue, Indrawati Bhawan, Naya Raipur, Atal Nagar, Distt. Raipur, Chhattisgarh. 3 - Collector District Bilaspur, Chhattisgarh. 4 - Sub Divisional Officer (Revenue) Masturi, Distt. Bilaspur, Chhattisgarh. 5 - Tahsildar Tahsil Masturi, Distt. Bilaspur, Chhattisgarh. 6 - Station House Officer P.S. Masturi, Distt. Bilaspur, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Shri Kishore Narayan, Advocate. For State/Res : Shri Sabyasachi Choubey, GA. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 23/04/2026 1. The petitioner by way of this Writ Petition has prayed for the following reliefs:- 10.1 That, the Hon'ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ setting aside the impugned notice dated 10.4.2026 (Annexure P/3), in the interest of justice. 10.2 That, the Hon'ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ directing the AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.04.23 14:19:41 +0530 2 respondent to forthwith provide the supply the certified copy of the documents sought in his copying application (Annexure P/6) to enable him to file an appeal before appropriate forum, in the interest. 10.3 That, the Hon'ble Court may kindly be placed to pass any other appropriate order/direction considering the facts and circumstances of the writ, in the interest of justice. 2. Learned counsel for the petitioner submits that petitoner is not an encroahcer on the land in question. He submits that 1.50 acres of land comprised in Khasra No.187 (new Khasra No.187/2, rakba 0.809 hectares situated at village Khudubhata, PHN 05, RI Jayramnagar Tahsil Masturi District Bilaspur C.G.) has been given on patta to the grandfather of the petitioner. As such, notice issued by the Tehsildar holding the petitioner to be an encroaher of the land in question is not in accordance with law. Thus, the impugned notice is required to be quashed/set aside. 3. Considering the facts and circumstances of the case, particulary the fact that in this case, the petitioner is required to approach the concerned SDO in connection with the notice of encroachment and alleged patta issued against him, as such, the petitioner is directed to approach the concerned SDO (Revenue) along with revelant documents and in turn, the concerned SDO is directed to consider the case of the petitioner and pass appropriate orders in accordance with law after giving due opportunity of hearing to the petitioner. 4. Till the proceedings before the concerned SDO is concluded, no coercive steps shall be taken against the petitioner in respect of demolition or removal of alleged encroachment. Sd/- (Amitendra Kishore Prasad) Judge Avinash