The court upheld the need for a fair inquiry into land ownership disputes, reinforcing procedural safeguards under Articles 14 and 21 of the Constitution.

Order on Board

04/09/2025

1. With the consent of the parties, the matter is heard finally.

2. The present writ petition has been filed for the following relief:-

“10.1 That this Hon’ble may kindly be pleased to call for the concerned record and to issue appropriate writ/direction/order commanding the Respondents to quash the order dated Digitally signed by JYOTI JHA 22.07.2025 (Annexure P-01) passed by the Date:

2025.09.08

18:51:01 +0530 respondent No. 2 and order dated 28.04.2025 (Annexure P-02) passed by the respondent No. 3.

10.2 That this Hon’ble Court further be pleased to issue appropriate writ/direction/order in favour of the petitioner so that he may not be dispossessed from the above stated land.

10.3 That this Hon’ble Court may kindly be pleased to grant any other relief(s)/ order(s)/ direction(s) in favour of the petitioner, which may deem fit and proper in the facts and circumstances of the case, may also be allowed.”

3. Learned counsel for the petitioner submits that Petitioner is permanent residents of village Nagarda, Tahsil Baradwar, District Sakti (C.G.). The Petitioner is owner & title holder of the land bearing Khasra No. 394, area 3.38 Acre, situated at village Nagarda, Tahsil Baradwar, District Sakti (C.G.). His name has been mutated in all the concerned revenue record. The Petitioner is in continuous possession of the land since last 50 years. A dwelling/residential house is also constructed on that land in which the Petitioner has been residing since a long back. He was reconstructed his house as per his convenience. Sarpanch of the Gram Panchayat Nagarda, Tahsil Baradwar, District Sakti (C.G.) has possessed enmity with the Petitioner due to voting in Sarpanch election. As per recent revenue record for the year 2025-26, such land has been shown as Govt. land without notice and also without providing opportunity of hearing to the Petitioner which was required under the provisions of concerned enactment " Chhattisgarh Land Revenue Code, 1959 ". Suddenly, in the year 2025, such entry in the revenue record has been changed due to conspiracy between the Sarpanch and revenue authority. After that, on 28-04-2025, Sarpanch has made a complaint before Id. Tahsildar saying that the Petitioner occupied the Govt. Land. Ld.

Tahsildar has registered the case and granted stay without hearing the Petitioner and also without perusing the Halka patwari report. Although, Id. Tahsildar issued notice to the Petitioner. The Petitioner challenged such order dated 28-04-2025 by filing revision before the ld. Collector. Ld. Collector has dismissed the revision filed by the Petitioner and directed the subordinate authority to initiate proceedings under section 248 of " Chhattisgarh Land Revenue Code, 1959 " without making detailed enquiry about the status of the land and deed. Thereby ld. Collector has exceeded it's jurisdiction provided under the prescribed provision. In this way, fundamental right of the Petitioner guaranteed under Article 14, 21 of the Constitution of India. Hence, instant Petition.

4. Learned counsel for respondents opposes the submission made by the petitioner and submits that the petitioner has filed a document of Khasra Panchsala (Annexure P-6) which shows that the land bearing Khasra No. 394 area 1.3670 acre is registered as government land and it is being used for irrigation canals (government).He further submits that the petitioner is a encroacher of the government land, therefore the Collector and Tehsildar has rightly passed the order.

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

6. Looking to the entire facts and circumstances of the case and considering the submissions made by the learned counsel for the parties, this Court is of the