The court reaffirmed the necessity of providing a hearing before any order on encroachment allegations as per the principles of administrative justice.

Order on Board

18/06/2025

1. With the consent of the parties, the present writ petition is heard finally.

2. The petitioner has filed the present petition praying for the following relief(s):

“10.1 That, this Hon’ble Court may kindly be pleased to quash the impugned notice dated 29.05.2025 Annexure P/1, passed by the Tahsildar, Pithora, District- Mahasamund, respondent no. 4.

10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent no. 3, the SDO (R), Pithora to accept the application dated 30.05.2025 made by the petitioner for grant of stay and to hear the matter while granting opportunity of hearing to the petitioner.

10.3 That, this Hon’ble Court may kindly further be pleased to direct the respondent authorities not to demolish the superstructure of culvert over Khasra No. 16 area 0.02 hectares and to grant opportunity of hearing to petitioner for filing an application to the SDO (R) Pithora District- Mahasamund (C.G.) as per C.G. Land Revenue Code.

10.4 That, this Hon’ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.”

3. The petitioner has filed the present writ petition under Article 226 of the Constitution of India challenging the notice dated 29.05.2025 (Annexure P/1) issued by the Tahsildhar, Pithora, District Mahasamund (C.G.), whereby proceedings have been initiated under Section 248 of the Chhattisgarh Land Revenue Code , 1959 against the Petitioner on the allegation of encroachment over Government land bearing Khasra No. 16, Rakba 0.32 hectares, categorized as Talab'. The said notice alleges that the Petitioner has encroached upon approximately 0.02 hectares of Government land by constructing a culvert for access to her privately owned Royal Kids School, located on adjoining private land bearing Khasra No. 32/12, Rakba 0.03 hectares.

4. Learned Counsel for the petitioner submits that she is the Principal and Manager of the said school, which has been operating since last 5 years and currently provides education up to Class 8^th to around 400 students from the rural area. Due to waterlogging and unsafe conditions, particularly during the rainy season, the Petitioner constructed a small culvert of approximately 0.02 hectares across a portion of Khasra No. 16 to facilitate safe passage for the students and parents. The construction is temporary and non-obstructive in nature and was done in good faith without any mala fide intention or claim of ownership over Government land. The Petitioner further submits that the Panchayat in its resolution dated 27.05.2025 has also supported the status quo of the existing culvert, stating that there is no current public requirement of the said land and that no Government project is proposed over it. The Panchayat recommended that until any such requirement arises, the culvert may be allowed to remain. In addition, a panchnama dated 10.10.2024 prepared by the Revenue Inspector and Patwari in presence of villagers also recorded that no local resident had any objection to the culvert.

5. Learned State Counsel submits that the encroached area is a government land and the petitioner has an alternate remedy under Section 44 of the C.G. Land Revenue Code, 1959. On this ground alone, the petition deserves to be dismissed.

6. I have heard learned counsel for the respective parties and perused the record with utmost circumspection.

7. It is an admitted fact that the proceedings under Section 248 of the Chhattisgarh Land Revenue Code , 1959 has been initiated against the Petitioner on the allegation of encroachme