The court upheld the need for enforcement of statutory orders against illegal encroachments, reinforcing the authority of administrative bodies to rectify violations within a specified timeframe.

For Petitioner : Mr. Priyank Rathi, Advocate For State/respondents : Mr. Rishabh Bisen, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma Order on Board

16.07.2025

1. By way of this petition, the petitioner is seeking for the following reliefs:-

“a. Issue an appropriate writ, order, or direction, directing the respondent authorities to forthwith implement and execute the final order dated 09.07.2024 passed by the Tehsildar, Ahiwara, under Section 248(1) of the Chhattisgarh Land Revenue Code , 1959, and ensure removal of the illegal encroachment and unauthorized construction of stone wall raised by respondent No. 5 on government land bearing Khasra No. 135;

b.Direct the respondent authorities to take necessary steps for restoration of the access path to the petitioner's land bearing Khasra No. 119/1 & 119/2, which stands obstructed due to the said illegal encroachment and construction;

c. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondent authorities to comply with the eviction warrants dated 09.07.2024 and 23.08.2024 issued by the Tehsildar, Ahiwara against respondent No. 5;

d.Pass such other and further orders as may be deemed just and proper in the facts and circumstances of the case, in the interest of justice.”

2. Learned counsel for the petitioner submits that the petitioner is the rightful and lawful owner of the land bearing Khasra No. 119/1 which is duly diverted plot, and the portion of govt. land in question was being used as an access path to the petitioner’s property. The illegal encroachment and unauthorized construction of a tea shop (small hotel) by respondent no. 5 has resulted in complete obstruction of access to the petitioner’s land, thereby violating the petitioner’s fundamental and statutory rights. He submits that despite the clear findings of illegal encroachment by respondent no. 5 on govt. land- substantiated by the Panchnama report prepared by the Halka Patwari confirming the illegal encroachment the concerned authorities have failed to execute the lawful and final order dated 09.07.2024 passed by the Tehsildar, Ahiwara under Section 248(1) of the Chhattisgarh Land Revenue Code , 1959.

3. He further submits that the inaction of the respondent authorities despite repeated representation including the latest reminder to the SDO(Revenue), Bhilai-3 reflects administrative indifference and renders the statutory mechanism ineffective, thereby violating the petitioner's constitutional rights under Article 14 of the Constitution of India.

4. On the other hand, learned State Counsel submits that on instruction that the respondent no. 2 has given time to the respondent no. 5 to remove the illegal encroachment on the govt. land till 24.07.2024 and if the illegal encroachment is not removed, the respondent authorities may take appropriate action under Section 248(1) of the Chhattisgarh Land Revenue Code , 1959.

5. I have heard learned counsel for the respective parties and perused the material available on record.

6. Considering the submission of the respondents and considering the facts and circumstances of the case, this Court finds it appropriate to dispose of the present writ petition, as the respondent no. 2 Tehsildar has already taken steps against the respondent no. 5 and he has directed to the respondent no. 5 to remove the illegal encroachment on the govt. land till 24.07.2025. If the illegal encroachment is not removed by the respondent no. 5, the respondent authorities are free to take appropriate action against the respondent no. 5 as per Section 248(1) of the Chhattisgarh Land Revenue Code , 1959 and in accordance with law.

7. A