1

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

WPPIL No. 97 of 2020

1.

Nootan Thawait S/o Late Devnarayan Thawait, Aged About 50 Years

R/o Fuljhariya Para Ward No. 11, Sarangarh, District Raigarh

Chhattisgarh.

2.

Ranjeet Singh Thakur S/o Late Heera Singh Thakur, Aged About 43

Years Occupation Journalist, R/o Rajapara Ward No. 13, Sarangarh,

District Raigarh Chhattisgarh.

3.

Omkar Kesharwani S/o Late Damodar Kesharwani, Aged About 48

Years R/o Tahangu Gali Baniyapara Ward No. 9, Sarangarh, District

Raigarh Chhattisgarh.

4.

Vishwanath Guru S/o Late Tulsi Prasad Guru, Aged About 58 Years

Occupation Journalist, R/o Bade Math Para, Ward No. 13, Sarangarh,

District Raigarh Chhattisgarh.

5.

Bharat Agrawal S/o Late Kunjlal, Aged About 59 Years Occupation

Journalist, R/o Near Chhoti Masjid, Sarangarh, District Raigarh

Chhattisgarh.

---- Petitioner

Versus

1.

State of Chhattisgarh Through The Secretary, Department Of Revenue

And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar,

Nawa Raipur, District Raipur Chhattisgarh.

2.

The Secretary, Urban Administration And Development Department,

Government Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar Nawa

Raipur, District Raipur Chhattisgarh.

3.

The Collector, Raigarh, District Raigarh Chhattisgarh.

4.

The Sub Divisional Officer (Revenue), Sarangarh, District Raigarh

Chhattisgarh.

5.

The Tahsildar, Sarangarh, District Raigarh Chhattisgarh.

6.

The Chief Municipal Officer, Nagar Palika Parishad, Sarangarh, District

Raigarh Chhattisgarh.

7.

Sahu Samaj, Sarangarh, District Raigarh Chhattisgarh.

---- Respondents

(Cause-title taken from Case Information System)

______________________________________________________________

For Petitioner

: Mr. Shikhar Sharma, Advocate

For Respondent Nos.1 to5

: Mr. Vikram Sharma, Deputy Govt. Advocate

For Respondent No. 6

: Mr. R.S. Patel, Advocate

For Respondent No.7

: Mr. Praveen Das, Advocate

2

Hon'ble Shri Arup Kumar Goswami, Chief Justice

Hon'ble Shri Sanjay Agrawal, Judge

Order on Board

Per

Arup Kumar Goswami, Chief Justice

14.10.2022

Heard Mr. Shikhar Sharma, learned counsel for the petitioners, Mr.

Vikram Sharma, learned Deputy Government Advocate, appearing for

respondent Nos. 1 to 5, Mr. R.S. Patel, learned counsel, appearing for

respondent No.6 and Mr. Praveen Das, learned counsel, appearing for

respondent No.7.

2.

The present petition in the nature of public interest litigation is filed by

the petitioners, who are journalists by profession with the primary allegation

that by way of forged and fabricated document and in collision with the

revenue authorities, the respondent No.7 got the land bearing Khasra

No.86/2 admeasuring an area of 0.0400 hectare situated at Village

Sarangarh, Patwari Halka No. 28, Revenue Circle and Tahsil – Sarangarh

recorded in its name. It is pleaded that the same is a Government land and

recorded as “Chhote Jhad Ka Jungle” in the Adhikar Abhilekh Panji of year

1954-55. It is further pleaded that the respondent No.7 started illegal

construction of Commercial Complex without obtaining any permission from

the Municipal Authority. Though notices dated 01.02.2020, 09.06.2020 and

15.07.2020 were issued by the Chief Municipal Officer, Nagar Palika

Parishad, Sarangarh, no reply was filed by the respondent No.7. However,

subsequently, a Revenue Case being 727-B-121/2019-20 was registered for

removal of encroachment made by respondent No.7. As the construction

3

went on unabated and as no direction was issued to stay the construction,

recourse was taken by the petitioners to approach this Court praying for the

following reliefs :

“(i)

This Hon’ble Court may kindly be pleased to call for

the entire record pertaining to the case of petitioners.

(ii)

That, after perusal of record, this Hon’ble Court may

kindly be pleased to direct the respondent State authorities

to remove th