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2026 Supreme(Online)(Chh) 13533
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 1867 of 2020
1 - Bhupendra Sahu S/o Shri Bishat Ram Sahu Aged About 40 Years Residence Of Village- Sursabandha, Tahsil- Rajim Block- Fingeshwar, District- Gariyaband, Chhattisgarh
2 - Tarachand S/o Shri Lalaram Aged About 39 Years Residence Of Village- Sursabandha, Tahsil- Rajim Block- Fingeshwar, District- Gariyaband, Chhattisgarh
3 - Lochan S/o Shri Ramasra Patel Aged About 60 Years Residence Of Village- Sursabandha, Tahsil- Rajim Block- Fingeshwar, District- Gariyaband, Chhattisgarh
4 - Thakur Ram S/o Shri Santram Patel Aged About 35 Years Residence Of Village- Sursabandha, Tahsil- Rajim Block- Fingeshwar, District- Gariyaband, Chhattisgarh
5 - Balaram S/o Shri Ramu Patel Aged About 60 Years Residence Of Village- Sursabandha, Tahsil- Rajim Block- Fingeshwar, District- Gariyaband, Chhattisgarh
6 - Bhekumar S/o Shri Ghansuram Sahu Aged About 30 Years Residence Of Village- Sursabandha, Tahsil- Rajim Block- Fingeshwar, District- Gariyaband, Chhattisgarh
7 - Deenu S/o Shri Samaru Sahu Aged About 55 Years Residence Of Village- Sursabandha, Tahsil- Rajim Block- Fingeshwar, District- Gariyaband, Chhattisgarh
8 - Tirith Ram S/o Shri Premlal Sahu Aged About 65 Years Residence Of Village- Sursabandha, Tahsil- Rajim Block- Fingeshwar, District- Gariyaband, Chhattisgarh
9 - (Died) Mohan, Through Legal Heirs. As Per Honble Court Order Dated. 28-02-2024.
9.1 - 9 A. Bhuneshwari Bai Sahu W/o Late Mohan Sahu Aged About 52 Years Residence Of Village - Sursabandha, Tahsil - Rajim Block - Fingeshwar, District - Gariyaband, Chhattisgarh.
9.2 - 9b. Domshwari Sahu D/o Mohan Sahu Aged About 24 Years Residence Of Village - Sursabandha, Tahsil - Rajim Block - Fingeshwar, District - Gariyaband, Chhattisgarh.
10 - Sewak S/o Shri Premlal Dewangan Aged About 67 Years Residence Of Village- Sursabandha, Tahsil- Rajim Block- Fingeshwar, District- Gariyaband, Chhattisgarh
Petitioner(s)
versus
1 - State Of Chhattisgarh Through Secretary, Revenue Department, Mahanadi Bhawan, Mantralay Atal Nagar District- Raipur, Chhattisgarh
2 - The Collector Gariyaband District- Gariyaband, Chhattisgarh
3 - The Sub Divisional Officer (Revenue) Gariyaband, District- Gariyaband, Chhattisgarh
4 - The Tahsildar Rajim District- Gariyaband, Chhattisgarh
5 - The Sarpanch Gram Panchayat Sursabandha, Block- Fingeshwar Tahsil- Rajim District- Gariyaband, Chhattisgarh
6 - The President, Gram Sabha Gram Panchayat Sursabandha, Block- Fingeshwar Tahsil- Rajim District- Gariyaband, Chhattisgarh
7 - (Deleted) Pratap Sahu (President) Gram Sabha As Per Honble Court Order Dated 22-01-2026
8 - Smt. Bhojbai Tandiya, Sarpanch Gram Panchayat Sursabandha, Block-Fingeshwar Tahsil- Rajim District- Gariyaband, Chhattisgarh
Respondent(s)
WPC No. 539 of 2026
1 - Puranik Sahu S/o Shri Baliram Sahu Aged About 50 Years R/o Village Sursabandha, Tahsil - Rajim Block - Fingeshwar, District - Gariyaband Chhattisgarh
2 - Basant S/o Kaliram Sahu Aged About 55 Years R/o Village Sursabandha, Tahsil - Rajim Block - Fingeshwar, District - Gariyaband Chhattisgarh
3 - Santosh S/o Manohar Sahu Aged About 50 Years R/o Village Sursabandha, Tahsil - Rajim Block - Fingeshwar, District - Gariyaband Chhattisgarh
4 - Fatte Lal Sahu S/o Lalaram Sahu Aged About 40 Years R/o Village Sursabandha, Tahsil - Rajim Block - Fingeshwar, District - Gariyaband Chhattisgarh
5 - Goverdhan S/o Kartik Sahu Aged About 55 Years R/o Village Sursabandha, Tahsil - Rajim Block - Fingeshwar, District - Gariyaband Chhattisgarh
6 - Ramji S/o Ludgu Sahu Aged About 56 Years R/o Village Sursabandha, Tahsil -Rajim Block - Fingeshwar, District - Gariyaband Chhattisgarh
7 - Lokpal S/o Punau Sahu Aged About 53 Years R/o Village Sursabandha, Tahsil - Rajim Block - Fingeshwar, District - Gariyaband Chhattisgarh
8 - Prabhuram S/o Hirde Sahu Aged About 60 Years R/o Village Sursabandha, Tahsil - Rajim Block - Fingeshwar, District - Gariyaband Chhattisgarh
9 - Pokhraj S/o Johat Sahu Aged About 35 Years R/o Village Sursabandha, Tahsil - Rajim Block - Fingeshwar, District - Gariyaband Chhattisgarh
10 - Sundarlal S/o Dwarika Lohar Aged About 36 Years R/o Village Sursabandha, Tahsil - Rajim Block - Fingeshwar, District - Gariyaband Chhattisgarh
11 - Punitram S/o Raghunandan Patel Aged About 67 Years R/o Village Sursabandha, Tahsil - Rajim Block - Fingeshwar, District - Gariyaband Chhattisgarh
12 - Jagdev Yadav S/o Arjun Yadav Aged About 32 Years R/o Village Sursabandha, Tahsil - Rajim Block - Fingeshwar, District - Gariyaband Chhattisgarh
Petitioner(s)
Versus
1 - State Of Chhattisgarh Through Secretary, Revenue And Disaster Management Department, Mahanadi Bhawan, Mantralay Atal Nagar Nawa Raipur District - Raipur Chhattisgarh
2 - The Collector Gariyaband District Gariyaband Chhattisgarh
3 - The Sub Divisional Officer (Revenue) Gariyaband District - Gariyaband Chhattisgarh
4 - The Tahsildar Rajim District - Gariyaband Chhattisgarh
5 - The Sarpanch Gram Panchayat Sursabandha, Block - Fingeshwar Tahsil -Rajim District Gariyaband Chhattisgarh
6 - The President Gram Sabha, Gram Panchayat Sursabandha, Block -Fingeshwar Tahsil - Rajim District Gariyaband Chhattisgarh
Respondent(s)
WPC No. 2630 of 2020
1 - Parmanand Sahu S/o Shri Nihali Aged About 50 Years R/o Village Sursabandha, Tahsil Rajim Block Fingeshwar, District Gariyaband Chhattisgarh, District : Gariyabandh, Chhattisgarh
2 - Ramdular Sahu S/o Shri Shivprasad Aged About 60 Years R/o Village Sursabandha, Tahsil Rajim Block Fingeshwar, District Gariyaband Chhattisgarh, District : Gariyabandh, Chhattisgarh
3 - Bahur Rawat S/o Shri Sukdev Aged About 66 Years R/o Village Sursabandha, Tahsil Rajim Block Fingeshwar, District Gariyaband Chhattisgarh, District :Gariyabandh, Chhattisgarh
4 - Mohan S/o Shri Baisakhu Aged About 60 Years R/o Village Sursabandha, Tahsil Rajim Block Fingeshwar, District Gariyaband Chhattisgarh
5 - Dushyant S/o Shri Netram Aged About 34 Years R/o Village Sursabandha, Tahsil Rajim Block Fingeshwar, District Gariyaband Chhattisgarh, District :Gariyabandh, Chhattisgarh
6 - Heeralal S/o Shri Netram Aged About 36 Years R/o Village Sursabandha, Tahsil Rajim Block Fingeshwar, District Gariyaband Chhattisgarh, District :Gariyabandh, Chhattisgarh
7 - Yadram S/o Shri Radhelal Aged About 35 Years R/o Village Sursabandha, Tahsil Rajim Block Fingeshwar, District Gariyaband Chhattisgarh, District :Gariyabandh, Chhattisgarh
8 - Asan S/o Shri Ludgu Aged About 55 Years R/o Village Sursabandha, Tahsil Rajim Block Fingeshwar, District Gariyaband Chhattisgarh, District : Gariyabandh, Chhattisgarh
Petitioner(s)
Versus
1 - State Of Chhattisgarh Through Secretary, Revenue Department, Mahanadi Bhawan, Mantralay Atal Nagar, District Raipur Chhattisgarh 492002, District :Raipur, Chhattisgarh
2 - The Collector Gariyaband District Gariyaband Chhattisgarh, District :Gariyabandh, Chhattisgarh
3 - The Sub Divisional Officer (Revenue) Gariyaband District Gariyaband Chhattisgarh, District : Gariyabandh, Chhattisgarh
4 - The Tahsildar Rajim, District Gariyaband Chhattisgarh, District : Gariyabandh, Chhattisgarh
5 - The Sarpanch Village Sursabandha, Block Fingeshwar, Tahsil Rajim, District Gariyaband Chhattisgarh, District : Gariyabandh, Chhattisgarh
6 - The President Gram Sursabandha, Block Fingeshwar, Tahsil Rajim, District Gariyaband Chhattisgarh, District : Gariyabandh, Chhattisgarh
7 - Pratap Sahu (President) (Deleted) As Per Hon'ble Court Order Dated 22-01-2026
8 - Smt. Bhojbai Tandiya Sarpanch, Gram Sursabandha, Block Fingeshwar, Tahsil Rajim, District Gariyaband Chhattisgarh, District : Gariyabandh, Chhattisgarh
9 - Deceased (Anil Tandiya) Through Legal Representative-
9.1 - (A) Sunita Tandiya W/o Late Anil Tandiya Aged About 40 Years R/o Village Sursabandha Tahsil Rajim Block- Fingeshwar, District Gariyaband (Chhattisgarh)
9.2 - (B) Rajkumar Tandiya S/o Late Anil Tandiya, Aged About 19 Years R/o Village Sursabandha Tahsil Rajim Block- Fingeshwar, District Gariyaband (Chhattisgarh)
10 - Smt. Seema Sharma W/o Prakash Sharma Aged About 49 Years Presently Posted As Janpad Panchayat Member Fingeshwar District- Gariyaband (C.G.)
11 - Mukesh Kumar Verma S/o Shri Nandkumar Verma Aged About 31 Years R/o Village Sursabandha Tahsil Ramjim District- Gariyaband (C.G.)
12 - Ghanshyam Sahu S/o Ramkishan Sahu Aged About 34 Years R/o Village Sursabandha Tahsil Ramjim District- Gariyaband (C.G.)
Respondent(s)
WPC No. 2177 of 2020
1 - Lalji Verma S/o Shri Ajin Verma Aged About 60 Years Residence Of Village - Sursabandha, Tahsil - Rajim, Block - Fingeshwar, District - Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh
2 - Khorbahra Sahu S/o Shri Birjhuram Sahu Aged About 67 Years Residence Of Village - Sursabandha, Tahsil - Rajim, Block - Fingeshwar, District - Gariyaband (Chhattisgarh)
3 - Narad Ram Sahu S/o Shri Sukalu Ram Sahu Aged About 46 Years Residence Of Village - Sursabandha, Tahsil - Rajim, Block - Fingeshwar, District -Gariyaband (Chhattisgarh)
4 - Prabhu Ram Sahu S/o Shri Hriday Ram Sahu Aged About 60 Years Residence Of Village - Sursabandha, Tahsil - Rajim, Block - Fingeshwar, District -Gariyaband (Chhattisgarh)
5 - Santosh Ram Sahu S/o Shri Manohar Ram Sahu Aged About 46 Years Residence Of Village - Sursabandha, Tahsil - Rajim, Block - Fingeshwar, District -Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh
6 - Guni Ram Sahu S/o Shri Tiharu Sahu Aged About 50 Years Residence Of Village - Sursabandha, Tahsil - Rajim, Block - Fingeshwar, District - Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh
7 - Anand Ram S/o Shri Suklal Aged About 57 Years Residence Of Village - Sursabandha, Tahsil - Rajim, Block - Fingeshwar, District - Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh
8 - Surendra Kumar Sahu S/o Shri Bisauha Ram Sahu Aged About 40 Years Residence Of Village - Sursabandha, Tahsil - Rajim, Block - Fingeshwar, District -Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh
9 - Devram Verma S/o Shri Suklal Verma Aged About 46 Years Residence Of Village - Sursabandha, Tahsil - Rajim, Block - Fingeshwar, District - Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh
10 - Basant Ram Verma (Died Through Lrs) As Per Honble Court Order Dated11-07-2025.
10.1 - Rambati Verma W/o Late Basant Verma Aged About 53 Years R/o Village-Sursabandha, Tahsil- Rajim, Block- Fingeshwar, District Gariyaband C.G.
11 - Smt. Saraswati Bai Sahu W/o Shri Dhaniram Sahu Aged About 45 Years Residence Of Village - Sursabandha, Tahsil - Rajim, Block - Fingeshwar, District - Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh
12 - Madan Ram Sahu S/o Shri Fektu Ram Sahu Aged About 45 Years Residence Of Village - Sursabandha, Tahsil - Rajim, Block - Fingeshwar, District -Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh
13 - Teeju Ram Sahu S/o Shri Shyam Lal Sahu Aged About 31 Years Residence Of Village - Sursabandha, Tahsil - Rajim, Block - Fingeshwar, District -Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh
14 - Suresh Ram Sahu S/o Shri Gulal Ram Sahu Aged About 42 Years Residence Of Village - Sursabandha, Tahsil - Rajim, Block - Fingeshwar, District -Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh
15 - Mannu Ram Nirmalkar S/o Shri Bhujbal Nirmalkar Aged About 45 Years Residence Of Village - Sursabandha, Tahsil - Rajim, Block - Fingeshwar, District -Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh
16 - Umesh Nirmalkar S/o Shri Bhujbal Nirmalkar Aged About 35 Years Residence Of Village - Sursabandha, Tahsil - Rajim, Block - Fingeshwar, District -Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh
17 - Shatruhan Sahu S/o Shri Ludgu Sahu Aged About 51 Years Residence Of Village - Sursabandha, Tahsil - Rajim, Block - Fingeshwar, District - Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh
18 - Dhanaru Ram Sahu S/o Shri Derhu Ram Sahu Aged About 60 Years Residence Of Village - Sursabandha, Tahsil - Rajim, Block - Fingeshwar, District -Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh
19 - Dinesh Ram Sahu S/o Shri Chain Singh Sahu Aged About 41 Years Residence Of Village - Sursabandha, Tahsil - Rajim, Block - Fingeshwar, District -Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh
20 - Leela Ram Dhruw S/o Shri Bisauha Aged About 41 Years Residence Of Village - Sursabandha, Tahsil - Rajim, Block - Fingeshwar, District - Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh
21 - Chandraha Sahu S/o Shri Shuklu Aged About 41 Years Residence Of Village - Sursabandha, Tahsil - Rajim, Block - Fingeshwar, District - Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh
22 - Smt. Kiranmala W/o Shri Ramkumar Verma Aged About 42 Years Residence Of Village - Sursabandha, Tahsil - Rajim, Block - Fingeshwar, District -Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh
23 - Parmanand S/o Nihali Sahu Aged About 52 Years Residence Of Village - Sursabandha, Tahsil - Rajim, Block - Fingeshwar, District - Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh
Petitioner(s)
Versus
1 - State Of Chhattisgarh Through Secretary, Revenue Department, Mahanadi Bhawan, Mantralay Atal Nagar, District - Raipur (Chhattisgarh), District : Raipur, Chhattisgarh
2 - The Collector Gariyaband, District - Gariyaband (Chhattisgarh), District :Gariyabandh, Chhattisgarh
3 - The Sub Divisional Officer (Revenue), Gariyaband, District - Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh
4 - The Tahsildar, Rajim, District - Gariyaband (Chhattisgarh), District :Gariyabandh, Chhattisgarh
5 - The Sarpanch, Gram Panchayat Sursabandha, Block - Fingeshwar, Tahsil -Rajim, District - Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh
6 - The President, Gram Sabha, Gram Panchayat Sursabandha, Block - Fingeshwar, Tahsil - Rajim, District - Gariyaband (Chhattisgarh), District :Gariyabandh, Chhattisgarh
7 - Pratap Sahu (Deleting) As Per Hon'ble Court Order Dated 22-01-2026
8 - Smt. Bhojbai Tandiya, Sarpanch, Gram Panchayat Sursabandha, Block - Fingeshwar, Tahsil - Rajim, District - Gariyaband (Chhattisgarh), District :Gariyabandh, Chhattisgarh
--- Respondent(s)
For Petitioners : Mr. Sunil Tripathi, Advocate along with Mr.Sandeep K. Sharma, Advocate
For State : Mr. Anil S. Pandey, Government Advocate
For Private Respondents : Mr. Devershi Thakur, Advocate
For Intervenor : Mr. Amitesh Kumar Pandey, Advocate
Hon'ble Shri Justice Rakesh Mohan Pandey
10.03.2026
Sd/-
(Rakesh Mohan Pandey)
Judge
STAIDMDRHAAKNATR DsSTD21+ i 05 AIi a g 0 Dg 2: Mt n 53 i e D 6 t 3 e 9:R a . Hd 00: l A 5 l 3 Aby 4 K . Ny 1 A 2 TR
Order on Board
1. The petitioners have filed these petitions seeking following relief :-
10.1 That, this Hon'ble Court may kindly be pleased to call for entire records pertaining to the case of petitioners.
10.2 That, this Hon'ble Court may kindly be pleased to set-aside the impugned order dated 30.07.2020 and 24.07.2020 (Annexure P-1 and P-2) issued by the respondent no. 3 and 4.
10.3 That, this Hon'ble Court may kindly be pleased to direct the respondents to not take any action against the petitioners with regard to the occupied land bearing khasra no. 360, 356, 34, 37, 38/1, 39, 348, 447/1 with the land bearing khasra no. 800 and 797 situated at village - Sursabandha Tahsil Rajim District Gariyaband (C.G.) without following due process of law as well as without giving show-cause notice and opportunity of hearing.
10.4 That, this Hon'ble Court may kindly be pleased to direct the respondent no. 5(Sarpanch) and 6(President) to pass an appropriate resolution with regard to the plantation of the tree in the land which is unoccupied or un-irrigated in the village – Sursabandha.
10.5 This Hon'ble Court may kindly be pleased to grant any other relief which deem fits by this Hon'ble Court.
10.6 Cost of the petition also given to him.
10.7 The Hon'ble Court may kindly be pleased to direct the respondent authority to release the amount which has been deposited in the bank account of gram Panchayat in favour of petitioners which is in respect of cutting and selling of crops by the petitioners.”
2. Mr. Sunil Tripathi would fairly submit that the petitioners are encroachers over part of Government land bearing survey Nos. 34, 37, 38/1, 39, 348, 356, 360, 447/1, 797 and 800 situated at village - Sursabandha Tahsil Rajim District Gariyaband. It is also contended that some of the petitioners are in possession of Bhumiswami right lands. He would further submit that Sub-Divisional Officer (Revenue), Rajim vide order dated 30.07.2020 directed the petitioners to remove encroachment. The order was passed by the Sub-Divisional Officer(Revenue) pursuant to a report submitted by the Tahsildar, Rajim dated 24.07.2020. Mr. Tripathi would submit that no enquiry was conducted according to the provisions of Section 248 of Chhattisgarh Land Revenue Code, 1959(for short “Code, 1959”). It is contended that initially orders were issued by the Sarpanch of the Gram Panchayat, Sursabandha against the petitioners. He also submits that the Sarpanch of the Gram Panchayat has no jurisdiction to pass any order according to the provisions of Section 248 of Code, 1959. He would submit that the report submitted by the Tahsildar dated 24.07.2020 and the order passed by the Sub-Divisional Officer dated 30.07.2020 may be quashed.
Mr. Tripathi would submit that pursuant to the order passed by the Sub-Divisional Officer, the revenue authorities harvested the crop and sold the paddy crop. It is contended that the amount is lying with the Gram Panchayat. He would submit that a direction may be issued to the respondent authorities to release the funds deposited with the concerned Gram Panchayat.
3. Mr. Devershi Thakur, Advocate appearing for private respondents submits that an enquiry was conducted and order was passed by the Collector, District Gariyaband on 12.11.2020. It is submitted by Mr. Thakur that proceedings were initiated by the Collector pursuant to a memo issued by the Tahsildar dated 10.06.2020. He submits that Government land bearing survey Nos. 38/1, 37, 39, and 348 admeasuring 17.38 hectares was allotted to Chhattisgarh State Industrial Development Corporation for establishment of new Food Park. It is further contended that the petitioners were in possession of part of the above-stated survey numbers. It is argued that a proposal was sent by Sub-Divisional Officer (Revenue) according to the Revenue Book Circular, consequently,
