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2025 Supreme(Online)(CHH) 3479
HIGH COURT OF CHHATTISGARH
Shri Justice Rakesh Mohan Pandey, J
Smt. Rama Tamboli – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPC/3256/2020
Removal of possession from government land requires adherence to legal procedures as mandated by the Chhattisgarh Land Revenue Code, 1959.
Headnote:(A) Chhattisgarh Land Revenue Code, 1959 - Section 248 - Government land - Notice for removal of possession issued without due process - Petitioner claimed allotment of land by Gram Panchayat and subsequent resolution by Nagar Panchayat - Respondents contended that the land is government property and no authority to allot it - Court found removal notices erroneous as they lacked proper legal proceedings. (Paras 1-7)
(B) Legal authority - The court emphasized that government land cannot be allotted by local bodies without legal backing, and any removal of possession must follow due process as per the applicable laws. (Paras 6-7)
Facts of the case:
The petitioner was allotted land by the Gram Panchayat in 1997 and later received a resolution from the Nagar Panchayat in 2018. Notices for removal were issued in 2020 without following legal procedures.
Findings of Court:
The court quashed the removal notices due to lack of proper proceedings under the Chhattisgarh Land Revenue Code.
Issues: The main issue was whether the removal of possession was lawful given the lack of proceedings under the relevant code.
Ratio Decidendi: The court ruled that removal of possession from government land must adhere to legal procedures, and notices issued without such proceedings are invalid.
Result: Writ petition disposed of, notices quashed.
Judgment On Board
21-04-2025
1) Petitioner has filed this petition assailing the notice issued by the Sub Divisional Officer- Water Resource Department, Sub-Division Nawagarh, District- Bemetara i.e. respondent No. 6 dated 21.01.2020 and the order issued by Chief Municipal Officer, Nawagarh i.e. respondent No. 2 dated 08.12.2020 whereby petitioner has been directed to remove his possession from the subject land.
2) Learned counsel for the petitioner submits that parcel of land situated over Khasra No. 774 of Village Nawagarh, P.H. No. 8, Tehsil- Nawagarh, District- Durg ad-measuring 30 x 15 feet was allotted by the Sarpanch of Gram Panchayat, Nawagarh on 15.05.1997 to the petitioner and he is running a hotel on the subject land. He contends that a resolution was passed by the Nagar Panchayat, Nawagarh on 27.07.2018 in favor of the petitioner in this regard. He argues that without initiating any proceeding under Section 248 of the Chhattisgarh Land Revenue Code, 1959, order impugned has been passed by the respondent No. 6. He prays to allow this petition and set-aside the order impugned.
3) On the other hand, learned counsel appearing on behalf of respective respondents oppose. They submit that petitioner has no right over the subject land because it is a government land. They further submit that neither Gram Panchayat, Nawagarh nor Nagar Panchayat, Nawagarh has the authority of law to allot government land to the petitioner. They pray that this petition deserves to be dismissed.
4) Heard learned counsel for the parties and perused the documents available on record.
5) Perusal of the documents would show that the parcel of land situated over Khasra No. 774 of Village Nawagarh, P.H. No. 8, Tehsil- Nawagarh, District- Durg ad-measuring 30 x 15 feet was allotted to the petitioner by the Gram Panchayat, Nawagarh on 15.05.1997. After formation of Nagar Panchayat, Nawagarh, a resolution was passed in favor of the petitioner on 27.07.2018. Respondent No. 6 with intent to widen the canal, directed the petitioner to remove his possession vide notice dated 21.01.2020. Thereafter, respondent No. 2 also issued notice to remove the possession on 08.12.2020.
6) Admittedly, petitioner has no right over the subject land as it is government land but at the same time, respondent No. 2 issued the order/ notice for removal of possession without initiating any proceeding in accordance with the Code, 1959 which appears to be erroneous.
7) Taking into consideration the above-discussed facts, orders/ notices dated 21.01.2020 and 08.12.2020 are hereby quashed. However, respondent authorities would be at liberty to initiate proceeding for removal of possession strictly in accordance with law, if so advised.
8) Accordingly, the instant writ petition stands disposed of.
