Sr. Mary John @ Mariyamma John Vs State of Chhattisgarh

1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Nawa Raipur, District - Raipur (C.G.)

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2 - Director Department Of Revenue, Indrawati Bhawan, Naya Raipur, Atal Nagar, Distt. - Raipur (C.G.)

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3 - Collector Bilaspur, District - Bilaspur (C.G.)

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4 - Sub Divisional Officer (Revenue) Masturi, District - Bilaspur (C.G.)

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5 - Tahsildar Tahsil - Masturi, District - Bilaspur (C.G.)

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6 - Nayab Tahsildar Masturi, District - Bilaspur (C.G.)

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7 - Station House Officer Police Station Masturi, District - Bilaspur (C.G.)

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8 - Rahul Jogi S/o Late Arjun Jogi R/o Village - Bhaneshar, Police Station - Masturi, District - Bilaspur (C.G.)

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9 - Milind Jogi S/o Late Arjun Jogi R/o Village - Bhaneshar, Police Station - Masturi, District - Bilaspur (C.G.)

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--- Respondents

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For Petitioner : Mr. Kishore Narayan, Adv. For Respondents No. 1 to 7 : Mr. Sabyasachi Choubey, Govt. Adv.

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Hon'ble Shri Justice Naresh Kumar Chandravanshi

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Order On Board

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17-3-2026

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1. The petitioner has preferred this writ petition under Article 226 of the

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2

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Constitution of India seeking following reliefs :-

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“10.1 That, the Hon'ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ directing respondent no. 5 & 6 to pass final order in Revenue Case No. 202407071400069/B-121/2023-24, in the interest of justice.

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10.2 That, the Hon'ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ directing the respondent no 5 and 6 to remove encroachment made by the private respondent by demolishing the illegal structure erected by the private respondents no. 8 & 9 and their family members, in the interest of justice.

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10.3 That, Hon'ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ directing the police authorities to prevent illegal activities including sale of illicit liquor on the said land and take appropriate action under the Chhattisgarh Excise Act, in interest of justice.

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10.4 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.’

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2. Learned counsel for the petitioner submits that the petitioner is recorded owner and occupant of land bearing Khasra No. 111/17, 112/1, 121/1, 121/2, 121/3, 124, 125, 126/8 total area 4.6690 hectare. It is submitted that there is a government land near the land of the petitioner and there is a way from government land to go to petitioner’s land. He further submits that, by encroaching some portion of government land and petitioner’s land, respondents No. 8 and 9 have raised a temporary

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3

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structure, on which, they used to sell illicit liquor. Therefore, the petitioner filed an application under Section 250 of the CG Land Revenue Code, for removal of encroachment, to which, revenue case No. 202407071400069/B-121/2023-24 has been registered by the Tehsildar, Masturi. Aforesaid case was transferred to respondent No. 6/Naib Tehsildar, Masturi, but the same has not been decided yet. Hence, he prays that, respondent No. 6 may be directed to decide aforesaid case expeditiously.

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3. In reply, learned counsel appearing for the State submits that, illegal possession/encroachment of the private respondents No. 8 and 9 has been removed. He further submits that, appropriate order will be passed in aforesaid revenue case within 30 days.

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4. Heard learned counsel for the parties and perused the material available on record.

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5. Having considered the limited prayer made by learned counsel for the petitioner and the submission of learned counsel for the State, without going into the merits of the case, at this stage, this petition is disposed of directing the respondent No. 6 to decide the revenue case No. 202407071400069/B-121/2023-24 within 30 days from the date of receipt of copy of this order, in accordance with law.

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6. With aforesaid directions and observations, this petition is disposed of.

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7. Pending interlocutory application(s), if any, stands disposed of.

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Sd/-

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(Naresh Kumar Chandravanshi) Judge

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pathak

Sr. Mary John @ Mariyamma John v. State of Chhattisgarh

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Sr. Mary John @ Mariyamma John v. State of Chhattisgarh

Case brief

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