(Cause Title is taken from CIS System)

Order on Board

1. The petitioner has filed this writ petition seeking following reliefs :

“10.1 This Hon'ble Court may kindly be pleased to quash the impugned premeditated notice cum order (Annexure-P/1) which has been issued by the respondent no. 5 without initiating proceeding after numbering the case under Section 248 of Chhattisgarh Land Revenue Code, 1959.

10.2 This Hon'ble Court may kindly be pleased to restrain and prohibit the respondents from taking coercive action, harassment, or adverse proceedings on the basis of impugned premeditated notice cum order in respect of land in question of petitioner.

10.3 This Hon'ble Court may kindly be pleased to pass order for giving damage cost of construction of house of petitioner against the respondent no. 5, 6 & 7 in accordance with law.

10.4 This Hon'ble Court may kindly be pleased to pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity.”

2. The facts of the case, as borne out from the pleadings and documents placed on record, are that the land bearing Khasra No. 87/1 admeasuring 1.214 hectares, situated at Village Sendha, Tahsil Nagpur, is recorded as Government land. It is the case of the petitioner that the husband of respondent No. 6, claiming possession over the said land, executed a sale transaction in favour of the petitioner in the year 2009. On the basis of the said transaction, the petitioner asserts his right. It is further pleaded that pursuant to the said transaction, the petitioner came into possession of the land and has been continuously occupying the same. The petitioner has constructed a residential house over the said land and is residing therein with his family. Due to such possession, the petitioner’s name has been recorded in the revenue records as an encroacher. The petitioner has further averred that respondent No. 6, with malafide intention, submitted a complaint before respondent No. 5 seeking removal of the petitioner’s house constructed on the said land. It is the grievance of the petitioner that acting under the influence of respondents No. 6 and 7, respondent No. 5 issued a premeditated notice-cum- order directing demolition/removal of the petitioner’s house from the land in question. According to the petitioner, the said action is arbitrary and motivated. The petitioner has also stated that the house in question is situated adjacent to the Chirmiri–Nagpur main road, whereas the remaining Government land, which is allegedly under the possession of the husband of respondent No. 6, is located behind the petitioner’s house. It is alleged that respondent No. 5 is insisting upon demolition of the petitioner’s house with a view to extend undue benefit to respondents No. 6 and 7. It is further the case of the petitioner that prior to construction, he had submitted an application before respondent No. 5 seeking permission for construction of the house. Lastly, it has been averred that the petitioner has been continuously approaching the respondent authorities for regularization/settlement of the land in question in view of his long-standing possession, in accordance with the provisions of the Chhattisgarh Revenue Book Circular. However, despite such representations, including application dated 02.08.2019 (Annexure-P/6), the respondent authorities have not taken any steps for regularization and are instead proceeding to demolish the petitioner’s house, allegedly with malafide intent, thereby compelling the petitioner to approach this Court by filing the present writ petition.

3. Learned counsel for the petitioner submits that a notice dated 27.03.2026 has been issued by the Tahsildar, whereby it has been stated that in the event the petitioner continues with the alleged illegal construction, the same shall be removed by taking recourse to the provisions of Section 248 of the Chhattisgarh