Chhattisgarh State v. Trilok Jaiswal & Others ANNEXURE P
Case Details
1 / 6 2025:CGHC:48035 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5028 of 2025 Girdhari Lal Chandra S/o Late Shyamlal Chandra Aged About 72 Years R/o Village Mrwahi Tahsil Marwahi District- Gourela - Pendra - Marwahi (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Department of Revenue Mahandi Bhawan, New Raipur District - Raipur (C.G.) 2 - The Collector Gourela - Pendra - Marwahi (C.G.) 3 - Chief Municipal Officer Nagar Panchayat Marwahi District - Gourela - Pendra - Marwahi (C.G.) 4 - Tahsildar Marwahi District - Gourela - Pendra - Marwahi (C.G.) 5 - Revenue Inspector Marwahi District - Gourela - Pendra - Marwahi (C.G.) ... Respondents For Petitioner For State For Caveator : : :
Legal Reasoning
Mr. A.N. Pandey, Advocate Mr. Praveen Das, Dy. AG Mr. Avadhesh Mishra, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 18/09/2025 1. With the consent of learned counsel for the parties, the matter is heard finally. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.09.18 17:20:56 +0530 2. By way of the instant petition, the petitioner has prayed for the 2 / 6 following reliefs:- 10.1 That, this Hon’ble court may kindly be pleased to set aside of the impugned eviction notice dated 15.9.2025 issued by the respondent no.4 ANNEXURE P/1 and restrain the respondent authorities to not dispossessed the petitioner from the subject land and shop. 10.2 That, this Hon’ble court may kindly be pleased to set aside of the final order dated 15.9.2025 passed by the respondent no. 4 ANNEXURE P/9 and further be please to quash the entire proceeding under section 248 of the Chhattisgarh Land Revenue Code initiated by the respondent no.4 in Revenue Case No.202506280600078/A-68/2025-26 Chhattisgarh State Vs Trilok Jaiswal & Others ANNEXURE P/10. 10.3 Any other relief or reliefs may also be granted to the petitioner which this Hon’ble court deems fit and proper in the facts and circumstances of the case. 3. The present petition has been filed being aggrieved with the impugned eviction notice dated 15/09/2025 (Annexure P/1) issued by Respondent No.4 whereby the petitioner has been directed to 3 / 6 vacate the shop and possession of the subject land bearing Khasra No.368/1, area 0.121 hectares out of 0.004 hectares situated at village Marwahi, within three days. 4. Learned counsel for the petitioner would contend that that the land bearing khasra no. 369/1, rakba 0.04 hectare situated at village- Marwahi is the ancestral property of the petitioner and the petitioner is the owner of the subject property and he is in possession of the said land and constructed the shop upon the said land and running his business. On the basis of demarcation report submitted by the respondent no.5 to the respondent no. 4 in respect of encroachment of the land bearing khasra no. 368/1, rakba 0.004 hectare situated at Village-Marwahi, respondent no.4 Tahsildar initiated the proceeding under section 248 of Land Revenue Code and issued notices to the petitioner and other persons on 20.5.2025. He would next contend that after receiving of notice, petitioner submitted the reply and stated that in the demarcation, proceeding has not been followed by the authorities and the petitioner is not encroacher of the khasra no. 368/1 and the demarcation report has been submitted which is completely contrary to the site map and praying for dismissal of the inspection report even in the demarcation, the area of the land of petitioner was not match and 0.004 hectare area of the land of petitioner was found less which is the part of the khasra no.368/1 even in the demarcation report, name of petitioner and one Jiyalal has been shown, which clearly shows that demarcation report prepared by the authority is illegal and without following the 4 / 6 procedure of law. He would next contend that on 8.9.2025, respondent no. 4 directed the petitioner and other parties to filed the reply of urgent hearing application filed by the committee on 10.9.2025 and on that day respondent no.4, allow the urgent hearing application and close the opportunity of the petitioner for adducing his evidence and fixed the case on 15.9.2025 for final order and on that day the respondent no.4, passed the final order and same day i.e 15.9.2025 issued the eviction notice to the petitioner and directed to the petitioner to vacate the shop and land within 3 days therefore the entire proceeding initiated by the respondent no.4 is illegal, arbitrary and without following the procedure of section 248 of the Land Revenue Code and without giving opportunity of hearing to the petitioner which is violation of natural justice. 5. Per contra, learned counsel for the respondents oppose the submissions made by learned counsel for the petitioner and would submit that the petitioner is not entitled for any relief by this Court. 6. I have heard learned counsel for the parties and perused the documents with utmost circumspection. 7. From perusal of the documents it is crystal clear from the order- sheets of the Tehsildar Marwahi, District Gourella-Pendra-Marwahi, C.G. that without giving proper opportunity of hearing and without giving opportunity to lead evidence to the petitioner, the Tehsildar has passed the order on 15/09/2025. Further, it is also pertinent to mention here that Tehsildar, Marwahi has issued memo to the 5 / 6 Patwari Halka No.4 to submit detailed inspection report of the encroached land within 03 days and has observed as under:- ^pwafd vukosndx.kksa }kjk fd;s x;s mijksDrkuqlkj vfrdze.k ds Lo:i dh vFkkZr~ fufeZr lajpuk dh tkudkjh vkids }kjk izLrqr izfrosnu fnukad 16-04-2025 esa Li”V ugha gks jgh gSA vr% vkidks vknsf’kr fd;k tkrk gS fd 03 fnol ds Hkhrj ekSds ij tkdj ‘kkldh; Hkwfe fpUgkafdr dj rFkk ekSds ij fLFkr vfrdze.k ds Lo:i ds laca/k esa foLr`r tkap izfrosnu izLrqr djsaA^ However, without obtaining the report and without giving three days time the Tehsildar has passed the final order on 15/09/2025 which shows that the Tehsildar is prejudiced against the petitioner, therefore, it is not sustainable in the eyes of law. 8. In view of the above, the eviction notice dated 15/09/2025 (Annexure P/1) is hereby quashed. The matter is remitted back to the Tehsildar, Marwahi, C.G. to obtain the inspection report and fresh demarcation report in the presence of the petitioner from the concerned Patwari and if it is found that there is an encroachment then they shall proceed under Section 248 of the C.G. Land Revenue Code, 1959 in accordance with law and if any proceeding has been initiated by the Tehsildar against the petitioner under Section 248 of the C.G. Land Revenue Code, 1959 then before deciding the same proper opportunity of hearing shall be given to the petitioner and thereafter the afresh order shall be passed. 6 / 6 9. With the aforesaid observation, the instant writ petition stands
Decision
disposed of. Certified copy today. SD/- (Arvind Kumar Verma) JUDGE ashu