Prem Sai Kashyap Vs State of Chhattisgarh

1 - Prem Sai Kashyap S/o Late Heeraman Kashyap Aged About 56 Years CasteKurmi, R/o Village Gudarookala, Tahsil Jaijaipur, Civil And Revenue District JanjgirChampa, Chhattisgarh.,

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhawan, New Raipur, Civil And Revenue District Raipur, Chhattisgarh.

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2 - The Collector Janjgir, Civil And Revenue District Janjgir-Champa, Chhattisgarh.

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3 - The Sub Divisional Officer (Rev.) Janjgir, Civil And Revenue District JanjgirChampa, Chhattisgarh.

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4 - The Tahsildar Jaijaipur, Civil And Revenue District Janjgir-Champa, Chhattisgarh.

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5 - The Nayab Tahsildar Up-Tahsil Hasaud, Civil And Revenue District JanjgirChampa, Chhattisgarh.

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6 - Thaleshwar Dewangan Patwari, Halka No. 31, Tahsil Jaijaipur, Civil And Revenue District Janjgir-Champa, Chhattisgarh.

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... Respondent(s)

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For Petitioner(s)	: Shri Paras Mani Shriwas, Advocate.
For State	: Shri Amit Nayak, PL.

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SB: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board

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10/07/2026

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This Writ Petition has been filed for the following reliefs:-

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(i) That, the Hon'ble Court may kindly be pleased to call the

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entire record from the respondent authorities.

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(ii) That, the Hon'ble Court may kindly pleased to direct the

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Respondent authorities be stopped /close the proceedings of fresh notice on dated 07.12.2021 for initiation of proceedings against the petitioner under section 248 Of C. G. Land Revenue Code 1959 for removal of encroachment from land bearing Khasara No. 247/1A, which is situated at VillageGudrookala, Tahsil-Jaijaipur, District Janjgir-Champa (C.G.) because in the aforementioned land lease has already been granted in the name of petitioners brother namely Har Prasad Kurmi.

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(iii) That, the Hon'ble Court may kindly be pleased to direct the Respondent No. 2 to decide the petitioners Complaint dated 01.01.2022 within stipulated time period thereafter take appropriate action on his complaint and may also be restricted the respondent No. 5 to initiate proceedings against the petitioner under section 248 of C.G. Land Revenue Code 1959 for removal of encroachments, because the matter has already been inquired by him thereafter close the matter on dated 03.12.2021.

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(iv) Any other relief, which may be deemed, fit by this Hon'ble Court just and proper in the facts and circumstances of the case may also be provided in favor of the petitioner.

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Learned counsel for the petitioner submits that a news on 17.09.2021 was

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published in the daily news paper with title "SHIKSHAK NE SHASKIYA JAMIN PAR KABJA KAR TAN DIYA RATON-RAT AALISHAN MAKAAN" and on the basis aforementioned paper publication, Respondent No. 5 has issued a notice on dated 27.09.2021 and addressed the petitioner with paper slips and after service of the notice, petitioner appeared before the respondent No. 5 and submitted his reply. Meanwhile the Respondent No. 5/Nayab Tahsildar Hasaud has also called Patwari Prativedan through the respondent No. 6, then as per his direction respondent No. 6 has prepared Panchnama and

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submitted his Prativedan. After submission of Prativedan by respondent No. 6/Patwari Halka No. 31, concerned Nayab Tahsildar has heard the case and thereafter closed the matter but after few days, Respondent No. 5 has again issued a fresh notice to address the petitioner and initiated proceedings against him under section 248 of C. G. Land Revenue Code 1959 for removal of encroachment from land bearing Khasara No. 247/1A, which is situated at Village-Gudrookala, Tahsil-Jaijaipur, District Janjgir-Champa (C.G.) and after receiving of the notice, petitioner has again submitted his reply and stating that the said land is their ancestral property which is possessed by them since last 50 years and lease has also been granted for the area of 0.05 acre in the name of his brother Namely Har Prasad Kurmi.

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Learned counsel for the petitioner submits that after submission of reply before the respondent No. 5, petitioner approached before the respondent No.2/ Collector Janjgir on dated 01.01.2022 and submitted his complaint (Annexure P/7) against the respondent No.5, which is still pending. He submits that if a direction may be issued to Respondent No.2 to decide the said complaint (Annexure P/7) expeditiously then purpose of filing this petition would be served and if the complaint is not decided in their favour then liberty may also be reserved in favour of the petitioner to file appropriate appeal/petition against it.

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Learned State counsel has no objection with regard to the prayer made by the petitioner.

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Considering the limited prayer made by the petitioner and that petition is pending since 2022 and that unless and until complaint of the petitioner is decided, the matter could not be heard on merits, as such, this Writ Petition

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is disposed of with a direction to Collector, Janjgir to decide the complaint dated 01.01.2022 (Annexure P/7) of the petitioner by passing order within a period of 60 days from the date of receipt of copy of this order, in accordance with law and after giving due opportunity of hearing to the parties. In case, any other person is required to be heard while deciding the complaint, the Collector is at liberty to issue notice to the said person, strictly

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in accordance with law and shall decide the complaint thereafter.

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It is made clear that this Court has not expressed any opinion on the merits of the case and this order is being passed only looking to the limited relief sought by the petitioner.

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Sd/-

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(Amitendra Kishore Prasad)

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Judge

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Avinash

Prem Sai Kashyap v. State of Chhattisgarh

Case brief

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Prem Sai Kashyap v. State of Chhattisgarh

Case brief

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