Years v. State Of Chhattisgarh

: Mr. Ratnesh Ku. Agrawal, Advocate with Mr. Saurabh Agrawal, Advocate. For Respondent-State : Mr. Soumitra Kesharwani, PL ----------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board

17.10.2025

This writ petition has been preferred under Article 226 of the Constitution of India seeking following reliefs: 2 “10.1 That, this Hon'ble Court may kindly be pleased to call for entire records of the case, from the authorities.

10.2 That, this Hon'ble Court may kindly be please to quash the order dated 13.10.2025 passed by the respondent no. 3 (Annexure-P/1 & P/2), is in the interest of justice.

10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.”

Learned counsel for the petitioner contended that the petitioner has constructed the house prior to 17.09.1994 over the part of the government abadi land bearing khasra no.1011/4 admeasuring area 872 sq.ft. situated at Village Hasoud, P. H. NO. 31, Tahsil Hasoud, District Sakti (C.G.). On 17.09.1994, Sarpanch of Gram Panchayat Hasoud has also issued the possession certificate. On

10.09.2025, Halka Patwari, Hasoud reported to respondent no.3 that the petitioner and other villagers made encroachment upon the government abadi land bearing khasra no.1011/3 admeasuring area 0.567 hectare. On 10.09.2025, respondent no.3 has registered the revenue case bearing No.202509312100013/A- 68/2024-2025 between "State of Chhattisgarh Vs. Manoj Kumar". On 10.09.2025, respondent no.3 issue notice to the petitioner and calling reply from him. Petitioner replied the said notice wherein stated that he construct the house upon the part of the government abadi land bearing khasra no.1011/3 admeasuring area 390 3 sq.mtr. and Gram Panchayat Hasoud also issued possession certificate. He specifically replied that house of the petitioner not under the survey for extension of school boundary. On 13.10.2025, respondent no.3 has passed the order/direction to remove the encroachment from the government abadi land bearing khasra no. 1011/3 admeasuring area 390 square meter situated at Village Hasoud, Tahsil Hasoud, District Sakti (C.G.). On 13.10.2025, respondent no.3 issued dispossession intimation wherein intimated that if petitioner not remove the encroachment on or before 17.10.2025, then respondent no.3 forcefully remove the petitioner and sent to the jail. Learned Counsel further contended that as Section 246 of the Chhattisgarh Land Revenue Code, 1959 petitioner has became owner of part of the abadi land bearing khasra no.1011/2003 admeasuring area 872 sq.ft. which has been ignored by respondent no. 3. Further, respondent no.3 failed to give an opportunity of cross examination of the concern patwari who reported to respondent no.3 and passed the impugned order. Hence, petitioner has came-up before this Court with aforesaid prayer.

Learned Counsel for the respondent/State also admitted the from Annexures P-1 & P-2 it is not reflecting that before passing of the impugned order, opportunity given to petitioner to led the evidence, therefore, matter may be remanded back to the concerned Authority for fresh adjudication.

Heard learned counsel for the parties and perused the impugned 4 order.

Perusal of records shows that proceeding under Section 248 of the Chhattisgarh Land Revenue Code, 1959 initiated against the petitioner on 10.10.2025 and without giving opportunity to the petitioner to led the evidence, the concerned Tahsildar has passed the impugned order, which is contrary to the norms of the natural justice.

In view of above discussion/observation, writ petition is allowed. Impugned orders Annexure P-1 & P-2 are hereby quashed. Matter is remanded back to the concerned Tahsildar for fresh adjudication, expeditiously, in accordance with the relevant rule/law/regulation after giving proper/sufficient opportunity to the petitioner to led the evidence and cross-examine the witnesses. Till then, no coercive steps shall be taken against the petitioner.

It is directed to counsels for the respective parties to inform immediately to the concerned Authority about passing of this order. CC as per rules. Sd/- (Arvind Kumar Verma) Judge J/-