NAFR

(Cause Title is taken from CIS System)

Order on Board

1. The contents and factual matrix involved in all the writ petitions would revel that the bone of contention in them is one and same, as such, all these writ petitions are clubbed together, heard together and are being decided by this common order.

2. For the sake of convenience, writ petition No. 1805 of 2023 has been taken as lead case in order to decide the issues involved in these matters. The petitioner in the said writ petition has prayed for following reliefs :

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

10.2 That, this Hon'ble Court may kindly be please to direct to the respondent authorities to restore the boundarywall of the petitioner, is in the interest of justice.

10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.”

3. Facts of the case, in a nutshell, are that the petitioner claims to have purchased a portion of land bearing Khasra No. 142/12 admeasuring 1000 sq. ft. situated at Village Devrikhurd, Tehsil and District Bilaspur, from one Shashiprabha Singh through a registered sale deed dated 12.06.2018. Pursuant to the said transaction, the land was duly mutated in the name of the petitioner in the revenue records, reflecting his ownership and possession. It is further stated that prior to the sale, the land had already been demarcated in favour of the vendor, and the petitioner, after purchase, continued in possession and raised construction, including a boundary wall and installation of a borewell. Subsequently, on 12.07.2024, the petitioner was served with a notice by respondent No. 2 alleging encroachment over adjoining lands bearing Khasra Nos. 142/1 क and 142/1 ख and directing removal of such encroachment within a stipulated period. The petitioner replied to the said notice asserting his lawful ownership and possession over Khasra No. 142/12 based on the registered sale deed and prior demarcation. It is the case of the petitioner that despite such reply, the respondent authorities proceeded on the basis of a subsequent demarcation report dated 19.06.2021, which, according to the petitioner, was prepared without issuing any notice to him and without following due procedure. Aggrieved thereby, the petitioner preferred a revision before the Additional Collector, Bilaspur, which is stated to be pending consideration. During the pendency of the said proceedings, it is alleged that on 18.03.2025, respondent No. 2 demolished the boundary wall constructed by the petitioner and levelled the land in question without awaiting the outcome of the pending revision. The petitioner asserts that such action was taken in an arbitrary and mala fide manner and without following due process of law, including compliance with statutory provisions.

4. Learned counsel for the petitioner submits that the impugned action of the respondents in demolishing the boundary wall and interfering with the possession of the petitioner is wholly illegal, arbitrary and in violation of statutory safeguards. It is contended that the petitioner is a bona fide purchaser of the land in question through a registered sale deed and has been in peaceful possession thereof since the date of purchase. It is further submitted that the respondents have acted in contravention of the provisions of the Chhattisgarh Housing Board Act, 1972, particularly Section 55(2), which mandates that before taking any action for eviction or removal, the competent authority is required to issue a notice, disclose the grounds, and afford reasonable opportunity of hearing to the affected person. In the present case, no such opportunity was granted to the petitioner prior to demolition, rendering the action of the respondents procedurally illegal. Learned counsel also submits that the reliance placed by the re