Nafr High Court
Case Details
1 VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR Date: 2025.04.15 10:34:36 +0530 2025:CGHC:16027 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1428 of 2025 1 - Munna Baghel S/o Late Mangal Baghel Aged About 60 Years Caste- Dhurwa(S.T.), R/o Village- Kangoli, Tahsil Jagdalpur, District Bastar, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mantralaya Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District- Raipur, Chhattisgarh. 2 - The Commissioner Bastar Division, Jagdalpur, Chhattisgarh. 3 - The Collector, Jagdalpur District Bastar, Chhattisgarh. 4 - Sub-Divisional Officer (Revenue) Jagdalpur, District Bastar, Chhattisgarh. 5 - Tahsildar, Tahsil- Jagdalpur, District Bastar, Chhattisgarh.
Legal Reasoning
6 - Smt. Shakuntala Sinha W/o Late Ashok Kumar Sinha Aged About 50 Years R/o Akash Nagar, Shanti Nagar Ward, Jagdalpur, District Bastar, Chhattisgarh. 7 - Manish Sinha S/o Late Ashok Kumar Sinha Aged About 27 Years R/o Akash Nagar, Shanti Nagar Ward, Jagdalpur, District Bastar, Chhattisgarh. (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. Vikash A. Shrivastava, Advocate ... Respondents 2 For State :- Mr. R.K. Gupta, Addl. A.G. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad 04.04.2025 Order On Board 1. By way of this petition, the petitioner is challenging the impugned eviction order dated 10.03.2025 passed by the respondent No.5/Tahsildar, Jagdalpur, District Bastar (C.G.), whereby Mal Jamadar has been ordered to remove encroachment of the petitioner from the land bearing Khasra No. 13/1/1, 69/30 area 0.364, Khasra No. 13/1/4 area 0.368 and Khasra No. 29/2 area 0.9950 hectare situated at Village Kangoli, P.H.No.03, Tahsil - Jagdalpur, District - Bastar (C.G.) and handed over the aforesaid land to the respondent No.3/Smt. Shakuntala Sinha in compliance of the order dated 30.12.2024 passed in Revenue Case No. 202401150600021/A-70/2023-24. 2. In pursuance of the order dated 19.03.2025, the concerned Tehsildar, Jagdalpur District Bastar has filed his affidavit while submitting his unconditional apology stating that due to inadvertent mistake, he could not understand the order and has passed the intend order. The relevant paragraphs of the said affidavit are reproduced hereinbelow:- “1. That, I am presently posted as the Tehsildar, Jagdalpur District- Bastar Chhattisgarh, and as such I am aware of the facts and circumstances of the case. The present affidavit is being filed in 3 compliance of following the order passed by this Hon'ble Court on 19.03.2025 as under:- .....Shri Rupesh Kumar Markam, Tahsildar, Jagdalpur is present in person. He is directed to file an affidavit showing his explanation about the matter and explaining as to why even after information about filing of a civil suit for the same land he had further proceeded and has dismantled the house of the petitioner. The affidavit along with relevant documents be filed on or before 1.4.2025... 2. That, at the outset, the humble deponent begs to submit with all humility in his command that the deponent has highest regard for the authority and majesty of this Hon'ble Court and as a duty bound citizen and responsible civil servant the humble deponent is fully conscious of his duties to abide by the order passed by this Hon'ble Court and to observe and implement the orders in their letter and spirit. The humble deponent cannot even think of in his wildest imagination to act in violation of the command of any order or direction issued by this Hon'ble Court and the humble deponent is always duty bound to implement and comply with the order passed by this Hon'ble Court in their letter and spirit. However, if due to sheer inadvertence or ignorance of any fact or law any bonafide lapse or error has taken place in any act of the humble deponent, then the humble deponent tenders an unqualified, unconditional and most sincere apology for his unintentional and bonafide such act. 4 4. That, in the present matter the humble deponent most respectfully begs to submit that in the present matter U/S 250 of the Chhattisgarh Land Revenue Code, 1959 an application was filed on 10.01.2024 by the applicant/respondent No.06 Smt Shakuntala Sinha against the present petitioner and one Shri D.K. Tiwari. In her application Respondent No. 06 herein after alleging unauthorised occupation by them over the land of her possession bearing Kh.No. 13/1/4 and 13/1/1 prayed for removal of the unauthorized possession. A Civil Revenue Case No. 202401150600021/A-70/2023-2024was registered on the said application of Respondent No. 06 wherein on 12.01.2024 the notices were issued to said Shri D.K. Tiwari and present petitioner. It will not be out of place to mention that in the application there was specific allegation about the attempt of encroaching the land of Respondent No. 06 by cutting plots. In the said revenue case the next date for hearing was fixed on 20.09.2024. However, on the next date despite a service of notice the non applicants namely Shri D.K. Tiwari and the present petitioner did not appear before the deponent therefore again a notice was issued giving the next date as 09.02.2024. For restraining from the further construction work and maintaining status quo, a notice on maintaining status quo was issued and the next date was fixed as 23.02.2024. Even on 23.03.2024 on behalf of the non-applicants no one appeared therefore again the notice was issued and the case was fixed for 13.03.2024. Thereafter, the matter was listed on 5 13.03.2024, 24.04.2024, 01.05.2024, 17.05.2024, 29.05.2024, 14.06.2024, 28.06.2024, 5.07.2024, 13.09.2024,20.09.2024, 19.07.2024, 30.09.2024, 23.08.2024, 23.10.2024, 27.11.2024, 23.12.2024 and lastly on 30.12.2024. Copy of the entire order sheet and order is filed herewith as ANNEXURE A/1. 7. That, at this juncture it is most humbly submitted that though the fact that the petitioner herein has filed a civil suit before the learned Civil Court had come to be recorded in the order dated 28.02.2025 however, due to sheer inadvertence the humble deponent could not notice this observation in the order passed by the respondent No. 04 herein and therefore, bonafidely he committed mistake in proceeding further in the matter of encroachment by the present petitioner over the land of respondent No. 06. The humble deponent is very clear in his understanding that he should not have and, in fact, he could not have proceeded in the matter if a civil suit have been filed irrespective of the fact as to whether any interim order of stay had been passed or not. The humble deponent thus bonafidely failed to take notice of the fact in the order dated 28.02.2025 passed by respondent No. 04 that a civil suit had been filed by the petitioner herein before the learned Civil Court and this was certainly a mistake for which the humble deponent once again tenders sincere and unconditional apology. 9. That, in view of the submissions made by the humble deponent in foregoing paras the humble deponent earnestly believes that he has 6 adequately explained about the bonafide acts in his affidavit. However, the humble deponent for his bonafide and unintentional act of mistake tenders a sincere and unqualified apology before the Hon'ble Court. The humble deponent also assures of being utmost careful and sincere in future in discharge of his duties and in complying the order passed by this Hon'ble Court.’ 3. In view of the above, no further action is required to be taken against the Tehsildar Jagdalpur, District Bastar in this matter. Further considering the fact that since the petitioner has already filed a Civil suit which is pending bearing Civil Suit No. 19-A/2025 before the learned 4th Civil Judge Class-II, Jagdalpur, District Bastar C.G. The petitioner is directed to pursue his remedy in Civil Suit, in accordance with law and to file appropriate application seeking injunction.
Decision
4. With the aforesaid observation/direction, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Vishakha