Dadulal Sidar Vs State of Chhattisgarh

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2026:CGHC:15904

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NAFR

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AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.04.16 10:33:07 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 2491 of 2020

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Dadulal Sidar S/o Adhar Singh Aged About 54 Years R/o Village Bhutaha, Post Bade Rabeli, Police Station And Tahsil Malkharoda, District Janjgir Champa Chhattisgarh.

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through The Secretary, Panchayat Development Department , Mantralaya , Mahanadi Bhawan, Atal Nagar , Naya Raipur , District Raipur Chhattisgarh.

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2 - Secretary Forest Department, , Mantralaya , Mahanadi Bhawan, New Raipur Chhattisgarh.

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3 Collector Janjgir Champa Chhattisgarh.

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4 - Sub Divisional Officer (Revenue) Sakti District Janjgir Champa Chhattisgarh.

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5 - Tahsildar Malkharoda, District Janjgir Champa Chhattisgarh.

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6 - Samaru Chandra S/o Ful Sai.

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7 - Babu Lal S/o Bhukhau Chandra.

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8 - Same Lal S/o Chakradhar Chandra.

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9 - Pukram S/o Prem Sahu.

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10 - Fenku Ram S/o Jhunjharu Yadav.

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11 - Bablu S/o Tukalu Ram Sahu.

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12 - Premchand S/o Charan Chandra.

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13 - Ram Jeevan S/o Chandan Chandra.

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14 - Jeevan Das S/o Chandan Chandra

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15 - Manharan S/o Charan Chandra

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16 - Bhagirati S/o Bhurthu Sahu.

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17 - Rati Sahu S/o Bhurthu Sahu.

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18 - Dilharan S/o Charan Chandra.

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19 - Ramdayal Sahu S/o Ganeshram Sahu.

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20 - Uttam Sahu S/o Jeevan Sahu

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21 - Ram Lal S/o Sundar Sahu.

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22 - Fulchand S/o Chintamani.

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23 - Shankar S/o Chirku Chandra. Respondent Nos.6 to 23 are R/o Village Bhutaha, Post Bade Rabeli, Police Station And Tahsil Malkharoda, District Janjgir Champa Chhattisgarh.

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... Respondent(s)

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For Petitioner(s)	: Shri Yogesh Chandra, Advocate.
For State/Res	: Shri Ashutosh Shukla, PL.

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Hon’ble Mr. Justice Amitendra Kishore Prasad

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Order on Board

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07/04/2026

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This Writ Petition has been filed seeking direction to Respondent No.3 for

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removal of encroachment committed by private respondents.

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By way of this petition, the petitioner has prayed for the following reliefs:-

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10.1 This Hon'ble Court may kindly be pleased to direct the respondent No.4 & 5 to take step of removal of encroachment of the respondent No.6 to 23 from the government land as per direction given in the order dated 26-03-2018 (Annexure P-5).

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10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents to take decision the representation dated 13-08-2018 and 14-01-2019.

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10.3 Any appropriate writ, direction or order may also kindly be passed in favour of the petitioners, which this Hon'ble Court deems fit in the circumstances of the case.

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Necessary facts of the case are that the petitioner who is the one of the villagers of Village Bhutaha. Being aggrieved by the encroachment made by the Respondent No.6 to 23 over the land belonging to the Government, which is being commonly used by the villagers, the petitioner filed public interest litigation, which came to be registered as WPS (PIL) No.54/2015, wherein the petitioner came-up with the evidence that the land has been encroached illegally. In the said Public Interest Litigation, the petitioner has sought direction against the respondent No.6 to 23 to remove the encroachment from the garden, land, nursery situated in the Village Bhutaha, Tahsil Malkharoda, District Janjgir-Champa (C.G.) and further sought direction to the restrain any further encroachment. Subsequently on hearing over the public interest litigation petition, the Hon'ble Court vide its order dated 28-10-2015 disposed of the PIL, wherein it was submitted by the State Counsel that action would be taken by the competent authority on

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the fresh representation of the petitioner and it was permitted to the petitioner to file representation and the authority i.e. Collector and other state authority were directed to act in accordance with law. Subsequently, representation was made by the petitioner before the Collector -

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respondents No.3, on which case No.165/B-121/2015-16 was registered. In which, report was called from the respondent No.5. The report was filed by the respondent No.5 stating the list of private respondents, who are 18 in numbers i.e. Respondent No.6 to 23, stating that the respondents have performed illegal encroachment on the land belonging to the Government. It was informed that houses and Kothar has been constructed over the land of village Bhutaha bearing Khasra No.4/1 area 43.11 acre, which is a grass land. The respondent No.5 after due enquiry, also submitted the report dated 26-12-2017 along with the list of 18 persons i.e. respondent No.6 to 23 with the area of land encroached by the respondent No.6 to 23. The respondent No.3 (Collector) in hearing the representation of petitioner and considering the report of the Tahsildar with regard to encroachment made by private respondents disposed of the case directing the respondent No.4 & 5 to take immediate steps for removal of encroachment vide its order dated 26-03-2018. Though all the enquiry has been conducted and the authorities have come to the conclusion that the respondent No.6 to 23 have encroached the government land which is a grass land and even when there is direction of the superior authority i.e. respondent No.3, the respondent No.4 & 5 have not removed the encroachment of the respondent No.6 to 23. When no action was taken regarding removal of encroachment, though already there was decision of the Collector, the petition filed writ petition bearing WPC No. 1671/2018, which was disposed of vide order dated 22-06-2018, wherein the Hon'ble Court gave liberty to

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the petitioner to approach the Collector Janjgir-Champa for compliance. Subsequently, the petitioner gave representation on 13-08-2018 to the Collector Janjgir-Champa seeking compliance of the Court's order, but no action was taken. Thereafter again on 14-01-2019 another representation was given by the petitioner to the said Collector, which was of no result. The petitioner submits that there is clear report given by the revenue authorities, which named private respondents finding them to be encroachers, then also illegal encroachment on the government land by the respondent Nos.6 to 23 has not been removed. Hence this Petition.

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After going through the material, it appears that the petitioner is a whistle blower and he is seeking removal of encroachment made by villagers/private respondents alleging the encroached land to be a government land.

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If the land belongs to the government then the State Government is having power and authority to look into the matter and ascertain whether the land in question has been encroached upon or not. It is the duty of the State for which it is competent enough to pass appropriate order regarding the same.

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Considering the above fact situation of the case, the respondent authorities are directed to look into the matter and if any encroachment has been made by the concerned villagers/private respondents, the authorities concerned shall take appropriate steps in this regard, in accordance with law after affording due opportunity of hearing to the possession holder of

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the subject land.

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