2026:CGHC:17990 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR AVINASH SHARMA D AV ig I i N ta A ll S y H signed by WPC No. 1704 of 2021 SHARMA Date: 2026.04.24 13:32:35 +0530

1 - Krishna Kumar Yadav S/o Bhauram Yadav Aged About 41 Years Village Bahtarayi Tehsil And District Bilaspur Chhattisgarh ... Petitioner(s)

versus

1 - Smt. Kiran Devi Wd/o Madanlal Saraf R/o Gondpara Bilaspur Tehsil And District Bilaspur Chhattisgarh.

2 - State Of Chhattisgarh Through The Collector Bilaspur Chhattisgarh ... Respondent(s)

For Petitioner(s) : Shri Shakti Raj Sinha, Advocate. For Respondent No.1 : Shri Badruddin Khan, Advocate.

For State/Respondent : Shri Ashutosh Shukla, PL.

Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

21/04/2026

1. This Writ Petition has been filed against the order dated 01.02.2021 (Annexure P/8) passed by Board of Revenue, Bilaspur C.G. in case No.R.N. 02/R/B- 121/158/2016 arising out of order dated 05.07.2016 (Annexure P/7) passed in Revenue Appeal case No.159/B-121/2015 -16 passed by Commissioner Bilaspur C.G.

2. The petitioner has prayed for the following reliefs:-

10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records of the Case no. in R.N: 02/R/B-121/158/2016, from the Board of Revenue Bilaspur (C.G).

10.2 That, this Hon'ble Court may kindly be pleased to set aside the impugned the order dated 01.02.2021 (ANNEXURE P/8) passed by Board of Revenue Bilaspur (C.G.) in Case No: R.N: 02/R/B-121/158/2016, arising out of order dated 05.07.2016 (ΑΝΝEXURE P/7) passed in Revenue Appeal Case No: 159/B-

121/2015-16 passed by Commissioner Bilaspur (C.G).

10.3 Any other relief (s) that this Hon'ble Court may deem fit to grant in the facts and circumstances of this case.

3. Brief facts of the case are that Respondent no.1 filed an application before the Additional Tehsildar Bilaspur inter alia pleading that he is the owner of the land bearing Khasra No. 354, 355/1, 355/2, 357 Total Rakba 0.96 Acre situated at Bahtarayi Patwari No. 31 Bilaspur. In front of the same, it is a government land reserved for easement and on the said land, petitioner herein has constructed house as an encroacher therefore the said encroachment be demolished. Thereafter, the Additional Tehsildar registered a revenue case no. 265/B.121/2014-15 and called an inquiry report and spot inspection report from the concerned Patwari who in turn conducted the spot inspection and submitted its report dated 12.08.2015 along with Spot Inspection Report dated 11.08.2015 before the Tehsildar. The father of the petitioner namely Gendaram came to the lawful possession of this land in the year 1982 by obtaining certificate of Bhuswami Adhikar by the Tehsildar Bilaspur. Thereafter, the Additional Tehsildar passed an order dated 31.12.2015 (Annexure P/4) whereby allowed the application of the respondent no. 1 and directed to dispossess the encroachment of the petitioner from the land in dispute. It is pertinent to mention here this fact that in compliance of the order dated 31.12.2015, an Eviction Warrant dated 31.12.2015 was issued to the petitioner and even the revenue officer came to evict the petitioner but the eviction was not done as no encroachment was found by them on the said land by the petitioner, therefore, a report was also prepared on the spot by revenue officer. Thereafter, the petitioner preferred an appeal being Appeal case No.76/B-121/2015-2016 before the Sub Divisional Officer (Revenue) Bilaspur (CG) and pleaded that since the father of the petitioner got the Bhumiswami Rights of the said land in revenue case no. 36/A-66/22-23 dated 08.12.1982 and since no opportunity to lead any evidence was given by the Additional Tehsildar, Bilaspur C.G. nor any oral evidence was recorded before passing the order of eviction, therefore, the order of Additional Tehsildar, Bilaspur C.G. deserved to be quashed but the S.D.O (Revenue), Bilaspur C.G. went on to dismiss the appeal of the petitioner vide order dated 21.03.2016 (Annexure P/6) holding