Smt. Kanchan Ahuja v. State of Chhattisgarh

Chhattisgarh HC9 Jun 2025WPC/2109/2025

Case brief

AI extract

What is this about?

Encroachment removal from government land adjoining private plot; writ of mandamus; shifting of encroachers/vendors to Khursipaar Stadium and vending zones; Municipal Corporation Bhilai-Durg; Section 248 Chhattisgarh Land Revenue Code 1959 encroachment-removal proceeding before Tahsildar; petition disposed with time-bound direction of two weeks; Khasra No.662 Smriti Nagar Bhilai Durg; earlier orders including WPC No.3292/2022 dated 28.7.2022; respondents 7-9 Manmohan Yadav, Aman Kureshi, Mohammad Mohsim.

What did the court decide?

Direction to respondent Nos. 3 and 6 (Commissioner Municipal Corporation Bhilai Durg and Zone Commissioner Zone 1) to file a proceeding under Section 248 of the Chhattisgarh Land Revenue Code, 1959 before the Tahsildar within two weeks. ¶¶35

Smt. Kanchan Ahuja Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should issue commanding respondents 2 to 6 to initiate action for removing the encroachment effected by respondents 7 to 9 over the government land adjoining the petitioner's diverted plot bearing Khasra No.662 at Smriti Nagar, Bhilai, Durg. +1 more

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Court's answer

Since the Municipal Corporation had already taken a decision on 11.12.2025 to remove the encroachment from the front of the petitioner's plot, shift the encroachers elsewhere, and authorised an officer to file a proceeding under Section 248 of the Chhattisgarh Land Revenue Code, 1959 before the Tahsildar, nothing remains for adjudication in this writ petition.

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Ratio / Principle

The writ petition is disposed of with a direction to respondent Nos. 3 and 6 to file the proceeding under Section 248 of the Chhattisgarh Land Revenue Code, 1959 before the Tahsildar within two weeks.

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Detailed headnote1 paragraphs

Writ petition (WPC No. 2109 of 2025, High Court of Chhattisgarh at Bilaspur, Parth Prateem Sahu, J., order dated 12/12/2025) in which the petitioner sought mandamus directing respondents 2 to 6 to remove encroachment by respondents 7 to 9 over government land adjoining her diverted plot (Khasra No.662, Smriti Nagar, Bhilai, Durg), and action against respondents 4 to 6 for facilitating the encroachment. During hearing, the Municipal Corporation, Bhilai-Durg (respondents 3 and 6) placed on record its decision/order dated 11.12.2025 to shift the encroachers to Khursipaar Stadium and other vending zones in accordance with law and to depute an officer to file an application under Section 248 of the Chhattisgarh Land Revenue Code, 1959 before the Tahsildar. Holding that nothing remained for adjudication, the Court disposed of the petition with a direction to respondents 3 and 6 to file the Section 248 proceeding before the Tahsildar within two weeks.

2025:CGHC:60693

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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SYED ROSHAN ZAMIR ALI

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Digitally signed by SYED ROSHAN ZAMIR ALI Date: 2025.12.16 10:49:09 +0530

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WPC No. 2109 of 2025

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Smt. Kanchan Ahuja W/o Shri Sunil Ahuja Aged About 54 Years R/o Street No. 6, Smriti Nagar, Junwani, Ward No. 1, Flat No. 224-225/b, Post Junwani, Bhilai, Tehsil And District Durg, C.G.

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... Petitioner

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versus

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State of Chhattisgarh Through Secretary Urban Administration And Development Department Mahanadi Bhawan Atal Nagar New Raipur (Raipur) C.G.

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District Collector District Durg, Collectorate Durg C.G.

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Commissioner Municipal Corporation Bhilai Durg (CG)

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Tehsildar Durg, Tehsil Office, Durg, C.G.

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Patwari Patwari Halka Number 53 Junwani Road, Smriti Nagar, Bhilai, Durg C.G.

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Zone Commissioner Zone 1, Municipal Corporation, Bhilai, Durg, C.G.

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Manmohan Yadav S/o Gandhilal Yadav Aged About 49 Years R/o 240, Ward No.1, Block No. 7, Junwani Motilal Nehru Nagar, Bhilai, District Durg, C.G.

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Aman Kureshi S/o Abith Kureshi Aged About 28 Years R/o 292, Gandhi Nagar, Ward No. 39 Durg, District Durg, C.G.

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Mohammad Mohsim S/o Mohammad Nisar Aged About 32 Years R/o House No. 130/k, Ward No. 6, Durg, District Durg, C.G.

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Assistant Engineer Cspdcl Office, Kohka, Bhilai, District Durg, C.G.

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... Respondent(s)

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For Petitioner : Mr. T.K. Tiwari, Advocate
For Respondents No.1,2,4 & 5 : Mr. Satish Gupta, Govt. Advocate
For Respondent No.3 & 6 : Mr. Amrito Das, Advocate
For Respondent No.10 : Mr. Anumeh Shrivastava, Advocate

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SB: Hon'ble Shri Justice Parth Prateem Sahu

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Order on Board

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12/12/2025

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Petitioner has filed this writ petition seeking following reliefs: “10.1. That, the Hon’ble Court may be pleased to issue a writ of mandamus commanding respondent no 02 to 06 to initiate action as to initiate action for removing the encroachment as done by respondent no.7 to 9 over the govt. land adjoining to the diverted plot of the petitioner bearing Khasra No.662 situated at Smriti Nagar, Bhilai Durg C.G.

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10.2.That, the Hon’ble Court may be pleased to issue a writ of mandamus commanding Respondent no 02 and 03 to initiate action against respondent no.4 to 6 for facilitating the respondent no.7 to 9 in encroaching the government land inspite of having knowledge that the respondent no.7 to 9 have encroached over the govt. land and running business by creating obstructions/barriers in entering in the plot of the petitioner.”

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Learned counsel for respondent No.3 and 6 would submit that respondent Corporation considering the orders passed by this Court in earlier writ petitions, one of which is dated 28.7.2022 passed in WPC No.3292/2022, as also considering grievance

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of petitioner as raised in this writ petition, has taken a decision that encroachers infront of plot of petitioner will be shifted at some other place i.e. Khursipaar Stadium and other vending zones, in accordance with law and the officer is deputed to file an application under Section 248 of the Chhattisgarh Land Revenue Code, 1959 before the Tahsildar for initiating proceeding of removal of encroachment. Decision is taken and order is passed on 11.12.2025.

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At this stage, learned counsel for petitioner would submit that petitioner is suffering since 2022, therefore, a direction be issued to the authority concerned to conclude the proceeding to be filed by respondent Corporation within specified time.

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On due consideration of submission of learned counsel for petitioner and nature of grievance raised in this writ petition and further considering that respondent Municipal Corporation has already taken a decision on 11.12.2025 for taking steps to remove encroachment from the front of plot of petitioner and to shift them at some other place and also authorized an officer of Municipal Corporation to file proceeding under Section 248 of the Chhattisgarh Land Revenue Code, 1959 before the Tahsildar, in the considered opinion of this Court, nothing remains for adjudication in this writ petition.

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Accordingly, this writ petition is disposed of with a direction to respondent No.3 and 6 to file proceeding under Section 248 of the Chhattisgarh Land Revenue Code, 1959 before the Tahsildar, within a period of two weeks from today.

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Certified copy as per rules.

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Sd/(Parth Prateem Sahu) Judge

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roshan/-

Smt. Kanchan Ahuja v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Smt. Kanchan Ahuja v. State of Chhattisgarh

Case brief

What is this about?

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