Disposed

Deendayal Sahu v. State of Chhattisgarh

Chhattisgarh HC28 Jan 2025WPC/442/2022

Case brief

AI extract

What is this about?

This writ petition questioned a notice directing the petitioner to stop construction and remove material. The High Court directed the Tahsildar to demarcate the land and submit a report clarifying whether the construction is on allotted or encroached land, while maintaining interim relief.

What did the court decide?

Directed Tahsildar to demarcate land and submit report within 30 days; existing interim relief maintained.

Deendayal Sahu Vs State of Chhattisgarh — Land Acquisition | Chhattisgarh HC (2025)

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2025:CGHC:5284

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 442 of 2022

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1 - Deendayal Sahu S/o Mangru Sahu Aged About 67 Years Residence Pandrapat, Tahsil Bagicha, District Jashpur, Chhattisgarh.

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through Secretary, Panchayat And Rural Development Department, Mantralaya, Mahandi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh.

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2 - Collector, Jashpur, District Jashpur, Chhattisgarh.

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3 - Naib Tahsildar, Bagicha, District Jashpur, Chhattisgarh.

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4 - Gram Panchayat, Pandrapat, Through Secretary, Gram Panchayat Pancrapat, Janpad Panchayat, Bagicha, Chhattisgarh.

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... Respondents

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(Cause title is taken from Case Information System)

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For Petitioner	: Mr. C. Jayant K. Rao, Advocate
For Respondents/ State	: Mr. Santosh Bharat, Panel Lawyer
For Respondent No.4	: Mr. Jitendra Kumar Saxena, Advocate

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(HON’BLE SHRI JUSTICE BIBHU DATTA GURU)

Order on Board

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29/01/2025

By the present writ petition, the petitioner is questioning the notice dated 08/01/2022 (Annexure P/1) issued by the Office of Gram Panchayat, Pandrapat whereby the respondent authority has directed the petitioner to stop the construction work and to remove the material from the land bearing Khasra No.1933 situated at Pandrapat, Bagicha.

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Learned counsel appearing for the petitioner submits that the petitioner is constructing the house on the land bearing Khasra No.1933-2 area of 0.069 Hectare which has been granted on Patta to the petitioner. He further submits that there is no illegal encroachment being made by the petitioner and the petitioner is only raising construction over the land allotted to him on Patta.

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Learned counsel appearing for the respondent/Gram Panchayat submits that though the petitioner is stating that the construction is being made over the land which has been allotted to him on Patta i.e. Khasra No. 1933-2 but the petitioner is encroaching upon the adjacent Government land and raising construction over the said land and for which the notice dated 08/01/2022 (Annexure P/1) has been issued to him.

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I have heard learned counsel for the parties, perused the notice (Annexure P/1) as well as the Patta granted to the petitioner.

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From perusal of the Patta, it appears that the land bearing Khasra No. 1933-2 area of 0.069 Hectare has been allotted to the

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petitioner by the Tahsildar, Bagicha. It is also reflected from the impugned notice that the Panchayat has alleged that the petitioner is raising construction over the adjacent Government land in addition to the land, which has been allotted to hm on Patta i.e. Khasra No. 1933-2.

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In view of the above, the Tahsildar, Bagicha, District Jashpur is directed to demarcate the land in question and submit a detailed report to the concerned Gram Panchayat explaining that whether the petitioner is raising the construction over the land allotted to him on Patta or not and if it is found that the petitioner is raising the construction over the Government land which has not been allotted to the petitioner, the revenue authorities are directed to take appropriate steps for removal of the said illegal encroachment or illegal construction over the government land, within a period of 30 days from the date of receipt of a copy of this order, in accordance with law.

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It is made clear that till then, the effect and operation of the interim relief granted to the petitioner vide order dated 21/01/2022 passed by this Court, shall remain operative.

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

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Sd/- (BIBHU DATTA GURU) JUDGE

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$. Bhilwar

Deendayal Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Deendayal Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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