2026:CGHC:14662 RJAATGHVENDRADbRJA yA ig TG it H al V y E s N ig D n R e A d NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1369 of 2020

1 - Dilip Singh S/o Chable Singh Aged About 45 Years R/o Village Gariyabandh, Near Ram Mandir Tahsil/ District Gariyaband Chhattisgarh., District : Gariyabandh, Chhattisgarh.

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Principal Secretary, Revenue Department Mahanadi Bhavan, Mantralaya Atal Nagar, Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh.

2 - Collector District Gariyabandh (Chhattisgarh), District : Gariyabandh, Chhattisgarh.

3 - Additional Collector, District Gariyabandh Chhattisgarh, District :

Gariyabandh, Chhattisgarh.

4 - Nagar Palika Parisad Through Chief Municipal Officer Gariyabandh Chhattisgarh, District : Gariyabandh, Chhattisgarh.

... Respondent(s)

For Petitioner(s) : Mr. Parth Kumar Jha, Advocate. For Respondent(s)/State : Mr. Arpit Agrawal, Panel Lawyer.

Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

27/03/2026

1. By way of this petition, the petitioner has prayed for following reliefs:-

“10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records relating to this case.

10.2 That, this Hon'ble Court may kindly be pleased to allow the petition and quash the order of additional Collector dated 06.05.2020) ANNEXURE P/6) and notice dated

10.06.2020 ANNEXURE P/7). In the interest of justice.

10.3 That any other relief, which this Hon'ble Court may deem fit and proper together with cost of the petition.”

2. Brief facts of the case, is that, the petitioner has been in long and continuous possession of land bearing Khasra No. 904/09, admeasuring 22 square meters, situated at Gariyabandh, where he has been running a small business under the name “Sanjay Tent House” and has also been regularly paying taxes to the Nagar Palika, Gariyabandh. It is further submitted that the petitioner was granted a patta in respect of the said land by the competent authority in Case No. 05/A-66/2017–18 dated 10.08.2018. That with a view to earn his livelihood, the petitioner intended to raise construction for operating the said tent house and, upon approaching the officials of the Nagar Palika Parishad for permission, was advised that since the area was very small, he could proceed with the construction even without formal permission. Acting on such advice, the petitioner commenced construction and laid the plinth, however, the Tahsildar, Gariyabandh, issued a notice alleging illegal construction, bearing No. 280/Tahasil/Reader/2018. Thereafter, another notice bearing No. 2307/Tahasil/Reader/2020 was issued by the Tahsildar calling upon the petitioner to submit an application in the prescribed format for settlement or allotment, failing which the alleged encroachment would be removed. In response, the petitioner submitted his reply stating that the patta had already been granted by the Collector, Gariyabandh under the provisions of the C.G. Land Revenue Code, 1959, and that the action of the Tahsildar in staying the construction was without jurisdiction, as the land falls within the Nagar Palika area and any action, if at all, could be taken only by the Chief Municipal Officer, Nagar Palika. That subsequently, the Tahsildar referred the matter to the Additional Collector, before whom the petitioner duly appeared, however, the Additional Collector, purportedly exercising powers of review under Section 51(1) of the C.G. Land Revenue Code, 1959, illegally and arbitrarily cancelled the petitioner’s patta vide order dated 06.05.2020. Consequent thereto, the Tahsildar issued another notice dated 10.06.2020. The said order passed by the Additional Collector is illegal, perverse and contrary to the provisions of law, and therefore deserves to be set aside by this Hon’ble Court. Hence, this petition.

3. Learned counsel for the petitioner submits that the Additional Collector has proceeded to review his own order dated 10.08.2018 in clear contrave