Khemlal Chandra Vs State of Chhattisgarh

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1

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2025:CGHC:60674

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ALFIZA BAIG

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Digitally signed by ALFIZA BAIG Date: 2025.12.16 11:14:17 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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NAFR

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WPC No. 2276 of 2023

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Khemlal Chandra S/o Shri Thakur Lal Aged About 58 Years R/o Village Nandeli, Tahsil Jaijaipur, District Janjgir-Champa, Now District Sakti, Chhattisgarh.

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through Secretary, Department Of Revenue, Mahanadi Bhawan Mantralay, Nava Raipur, Atal Nagar, Raipur, Chhattisgarh.

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2 - Collector District Shakti, Chhattisgarh.

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3 - Tahsildar, Jaijaipur District Shakti, Chhattisgarh.

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4 - Umashankar S/o Shri Rathram Khunte R/o Village Nandeli, Tahsil Jaijaipur, District Janjgir-Champa, Chhattisgarh.

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	... Respondents
For Petitioner :	Mrs. Renu Kochar, Advocate
For Respondents-State :	Mr. Soumitra Kesharwani, Panel lawyer
For Respondent no. 4 :	Mr. Anchal Kumar Matre, Advocate

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Hon’ble Shri Parth Prateem Sahu, Judge

Order on Board

12.12.2025

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This petition has been filed by the petitioner under Article 226 of the Constitution of India, seeking following reliefs:-

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“10.1That this Hon’ble Court may kindly be pleased to issue a writ in the nature of mandamus directing State authorities to remove illegal construction in area admeasuring 46 x 22 Kadi land in Khasra No. 139 Rakba 0.534 hectare, which has been reserved for road, in accordance with law settled by Hon’ble Supreme Court in the case of Jagpal Singh & Others Vs. State of Punjab & Others reported 2011(11) SCC 396.

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10.2 That this Hon’ble Court may be further pleased to pass any order consequential and other orders/writs which this Hon’ble Court deems just and proper in the facts and circumstances of the case.”

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Learned counsel for State submits that pursuant to the observation made by this Court he has sought information as to why the order of Tahsildar has not been complied with and he has been informed that against the order of Tahsildar, respondent no. 4 has filed revision before the Collector which is pending consideration. He has been provided a copy of memo issued from the Court of Additional Collector, District- Sakti requisitioning for record of revenue case vide memo dated 24.06.2025. He lastly submits that as per his information next date fixed for hearing is 08.01.2026 in the Court of Additional Collector, District- Sakti.

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At this stage, learned counsel for petitioner submits that this writ petition was filed in the year 2023, however, till date petitioner has not received any notice from the Court of Additional Collector, Sakti, if any revision is filed.

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Learned counsel for respondent no. 4 would submit that according to his instruction notice was issued to respondent/non-applicant therein on 20^th June, 2025 and thereafter on 31^st of July, 2025 also.

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I have heard learned counsel for parties.

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3

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According to the submission made by learned counsel for petitioner that there is illegal construction upon the Government land and if during pendency of proceedings of revision before the Court of Additional Collector, District Sakti passing of any order directing to remove encroachment will not be proper. Person aggrieved with order of any authority or Court is having right to avail remedy available under law and it appears that respondent no. 4 has already approached the Additional Collector, District Sakti by filing of revision and according to submission made by learned counsel for State as also learned counsel for respondent no. 4, it is pending consideration.

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In the aforementioned facts of the case, I do not find any good ground to grant any relief sought by petitioner in this writ petition, however, this writ petition is disposed of permitting petitioner to participate in the proceedings pending before the Additional Collector Sakti and Additional Collector is also directed to conclude revisional proceedings pending before it, in accordance with law, expeditiously, preferably within a further period of 03 months from the date of receipt of copy of this Order after granting due opportunity of hearing to all the respective parties.

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Any observation made by this Court is limited to disposal of this writ petition and not on the merits of claim of petitioner. The Additional Collector shall consider the case pending before it on its own merits and to pass order, in accordance with law.

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With the aforesaid observation, this writ petition is disposed of.

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Certified copy as per rules. sd/-

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(Parth Prateem Sahu)

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Judge

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alfiza

Khemlal Chandra v. State of Chhattisgarh

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Khemlal Chandra v. State of Chhattisgarh

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