2026:CGHC:12199 AVANISH KUMAR PATHAK AVANISH KUMAR NAFR PATHAK Date: 2026.03.17 10:52:07 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1086 of 2026

1 - Shatruhan Sahu S/o Kanhaiya Sahu Aged About 48 Years R/o Kondapar Dham-

tari District- Dhamtari (C.G.)

2 - Omprakash Sahu S/o Kanhaiya Sahu Aged About 41 Years R/o Kondapar Dhamtari District- Dhamtari (C.G.)

3 - Kheduram Sahu S/o Kanhaiya Sahu Aged About 38 Years R/o Kondapar Dham-

tari District- Dhamtari (C.G.)

--- Petitioner(s)

versus

1 - State Of Chhattisgarh Through- Secretary Department Revenue, Mahanadi Of Bhavan Mantralaya Atal Nagar Nava Raipur District- Raipur (C.G.)

2 - Collector Dhamtari District- Dhamtari (C.G.)

3 - Tahsildar Kurud Dhamtari District- Dhamtari (C.G.)

4 - Sarpanch Gram Panchayat Kondapar Block- Kurud District- Dhamtari (C.G.)

--- Respondent(s)

For Petitioner : Mr. Amit Kumar, Adv.

For Respondents No. 1 to 3 : Mr. Shobhit Mishra, Dy. Govt. Adv.

Respondent No. 4/ Sarpanch of Gram Panchayat, Kodapar and Panchayat Sec-

retary are also present in person.

Hon'ble Shri Justice Naresh Kumar Chandravanshi

Order On Board

13-3-2026

1 The petitioners have preferred this writ petition under Article 226 of the Constitution of India seeking following reliefs :-

“10.1) This Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner from the possession of the respondents for its kind perusal.

10.2) That, the Hon'ble Court may kindly be pleased to allow this petition and quash the notice dated 05.03.2026 issued by the respondent no. 4.

10.3) Any other relief or relief(s) which this Hon'ble Court may think proper in view of the facts and circumstances, kindly be granted.”

2 Learned counsel for the petitioners would submit that, the petitioners/their father are in possession of government land bearing Khasra No. 354 area 1.720 hectare and Khasra No. 355 area 0.350 hectare situated at village Kodapar, Distt. Dhamtari since last 30 years. He further submits that, the respondent No. 4/Sarpanch has issued notice Annexure P-1 dated 5-3-2026 mentioning therein that, on aforesaid land, a commercial complex is to be constructed, therefore, petitioners have been restrained to raise illegal construction on aforesaid encroached land, whereas the Sarpanch has no right to issue such notice. Hence, this petition may be admitted for hearing.

3 On the other hand, learned counsel appearing for the State would submit that, the Sarpanch and the Secretary have brought original and photocopy of meeting register of Gram Panchayat Kodapar, which shows that, in meeting of Gram Panchayat, it has been decided that, on government grass land bearing Khasra No. 354/1 and 355/2 area 1.72 hectare and 0.35 hectare respectively, a commercial complex would be constructed to increase the income of the gram panchayat. Aforesaid proposal has been passed unanimously. Based on that resolution, impugned notice Annexure P- 1 has been issued. He further submits that, the gram panchayat has very much power under Section 56 (2) of the Panchayat Raj Adhiniyam, 1993 (henceforth referred to as ‘the Adhiniyam, 1993’) to evict a person, who has encroached the grazing land of the panchayat area. Hence, this writ petition may not be admitted.

4 Heard learned counsel for the parties and perused the material available on record.

5 Perusal of the original meeting register of Gram Panchayat Kodapar, copy of which has been filed, shows that in the meeting held on 20-9-2025, it was decided that, to increase the income of the village panchayat, construction of a commercial complex is required and the land opposite the National Highway – 30 was identified for this purpose. Subsequently, in the meeting held on 19-1-2026, proposal was passed unanimously that, as on proposed government land, in which commercial complex would be constructed, illegal encroachment was being made, therefore, notice be issued to the encroachers. Thereafter, in the meeting held on 2-3- 2026, unanimously, proposal was passed