Hitesh Agrawal Vs State of Chhattisgarh

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Digitally signed by YOGESH YOGESH TIWARI TIWARI Date: 2026.04.1616:41:58 +0530

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2026:CGHC:17394

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 2936 of 2020

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Hitesh Agrawal S/o Shri Suresh Agrawal, Aged About 37 Years R/o Nehru Park Road, Lankapara, Tehsil - Surajpur, District - Surajpur, Chhattisgarh.

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... Petitioner

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versus

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1 - State of Chhattisgarh Through Collector Surajpur, District - Surajpur, Chhattisgarh.

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2 - The Sub - Divisional Officer (R) Tehsil - Surajpur, District - Surajpur, Chhattisgarh.

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3 - The Tehsildar, Tehsil - Surajpur, District - Surajpur, Chhattisgarh.

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4 - Kunj Bihari Gupta, S/o Shri Roop Naayarayn Gupta, Aged About 40 Years R/o Surajpur, Tehsil - Surajpur, Chhattisgarh.

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... Respondents

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(Cause-title taken from Case Information System)

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For Petitioner : None For State : Mr. Dilman Rati Minj, Dy. Advocate General

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Hon’ble Shri Amitendra Kishore Prasad, Judge

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Order on Board

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16.04.2026

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1 None appears on behalf of the petitioner. H eard Mr. Dilman Rati Minj, learned Deputy Advocate General, appearing for the State.

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2 Looking to the fact that the matter has been pending since the year 2020 and pertains to a dispute relating to encroachment over

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Government land, this Court deems it appropriate to proceed to hear the matter finally with the assistance of learned State counsel.

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3 By filing the present petition, the petitioner has prayed for following relief(s):-

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“10.1 It is therefore prayed that, this Hon'ble Court may kindly be pleased to call for the entire records of the instant case.

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10.2 That, this Hon'ble Court may kindly be pleased to issue a writ in nature of mandamus whereby to direct to the Respondent No. 1 to 3 to take appropriate action against the Respondent No. 4 by deciding the representation dated 25.08.2020 made by the Petitioner and also remove the encroachment.

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10.3 That, the Hon'ble Court may kindly be pleased to issue a writ in nature of mandamus whereby to direct to the Respondents No. 1 to 3 to initiate criminal proceedings against the private Respondent No. 4.

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10.4 Any other relief/reliefs, which this Hon'ble Court may think fit and proper in the facts and circumstances of the case, with cost of the petition, may also please be granted to the petitioners.”

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4 From perusal of the writ petition, it appears that respondent No.4 has allegedly encroached upon Government land recorded as Talab Bhumi bearing Khasra No. 2187, admeasuring 3.34 acres,

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out of which an area measuring about 60 x 54 (3240 sq. ft.) is stated to have been illegally occupied by raising construction of a house and badi . It further appears that the petitioner had approached the Tehsildar, Surajpur, by submitting an application complaining against the said encroachment, pursuant to which certain restraining orders are stated to have been issued against respondent No.4. However, despite such orders, respondent No.4 is alleged to have continued with the construction activities.

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5 It is borne out from the record that thereafter the petitioner submitted a representation before the Collector, Surajpur, ventilating the grievance regarding illegal encroachment over the aforesaid Government land, which is stated to be reserved for Talab and local bazaar purposes. However, according to the petitioner, no effective steps have been taken by the concerned authorities and the said representation is still pending consideration. It is the specific grievance of the petitioner that due to inaction on the part of the revenue authorities, the illegal encroachment over public land continues, thereby adversely affecting the rights and interests of the local inhabitants. Hence, the present petition has been filed.

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6 Learned State counsel submits that the petitioner has approached this Court with the grievance that Government land, recorded as Talab Bhumi , has been encroached upon by respondent No.4. It is submitted that, in such circumstances, the competent authorities

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may be directed to remove the encroachment and to take appropriate action, including initiation of criminal proceedings against the private respondent, in accordance with law. Learned State counsel further submits that the State authorities have already taken cognizance of the complaint made by the petitioner and necessary steps have been initiated for removal of the encroachment. It is also submitted that upon preliminary inquiry, it has been found that encroachment has in fact been made by the private respondent, and the matter is under active consideration of the competent revenue authorities for appropriate action.

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7 Considering the aforesaid submissions and taking into account the nature of dispute, particularly relating to alleged encroachment over Government land meant for public use, this Court deems it appropriate to direct the concerned State authorities to proceed in the matter in accordance with law. The competent authority shall examine the factual aspects of the case, including the nature and extent of encroachment, and if it is found that any unauthorized occupation exists over the Government land, appropriate steps shall be taken for its removal strictly in accordance with law. While doing so, the authorities shall ensure adherence to the principles of natural justice by affording reasonable and adequate opportunity of hearing to all affected parties, including respondent No.4, and thereafter pass a reasoned and speaking order. The authorities shall also be at liberty to take such consequential

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action, including initiation of appropriate proceedings, as may be

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warranted under the relevant statutory provisions.

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