The court permitted the petitioner to file a fresh application for land settlement under the current Gazette notification, granting a 15-day window of protection against coercive action for encroachment removal.

Order on Board

1. Petitioner has filed this petition under Article 226 of the Constitution of India seeking following reliefs:

“10.1 That the Hon'ble Court may kindly be pleased to set-aside/quash the impugned notice of removal of encroachment issued under Section 248 of the Chhattisgarh Land Revenue Code (Annexure P-1) issued by respondent No.4.

10.2 That the Hon'ble Court may kindly be pleased to direct the respondent authority to allotment of that particular land under the Scheme of Rehabilitation of the State Government to the petitioner.

10.3 That the Hon'ble Court may kindly be pleased to direct the respondent No. 2 to decide the pending representation dated 04.05.2026 within stipulated time for redressal of the grievance of the petitioner.

10.4 Any other relief, which may deem fit, in the interest of justice.”

2. Learned counsel for the petitioner submits that the petitioner has filed an application for settlement of the land, in which, he is in possession before the concerned Authority, however, till date said application has not been considered and decided and instead of deciding the application, a notice for removal of encroachment has been issued to the petitioner by the concerned Tahsildar, as such, the petitioner has aggrieved by the said order of removal and he came-up before this Court with aforesaid prayer/reliefs.

3. Learned State Counsel submits that Annexure P-5 circular dated 11.09.2019 issued by the State Government is not in existence, however, a new Gazette notification dated 14th July 2022 has come into effect and the petitioner has to file an appropriate application before the concerned Authority.

4. Heard learned counsel for the parties.

5. Considering facts of the case, nature of relief, submissions of counsel for the parties, the instant petition stands disposed of permitting the petitioner to file an appropriate application before the Authority concerned within ‘15 days’ from the date of receipt of copy of this Court.

6. Till the expiry of said period of 15 days, the respondent-authority is directed not to take any coercive steps against the petitioner.

CC as per rules.