Order On Board

24.11.2023

1. Heard on admission.

2. Petitioner has preferred this instant writ petition seeking following relief(s):-

“10.1 That, this Hon’ble Court may kindly be pleased to issue a suitable Writ (s), Order (s), Direction (s), by commanding the respondent authorities, particularly, respondent No.5 (Tehsildar, Pithora) to draw a proceeding as per Section 248 of the C.G. Land Revenue Code, within a time frame and further to comply with the circular (Annexure P-3) and the judgment passed by Hon’ble Supreme Court of India in Jagpal Singh’s case (above mentioned), within time frame.

10.2 That, this Hon’ble Court may kindle be pleased to call the entire records from the Court below for its kind perusal. 10.3 Any other relief, which may be suitable in the facts and circumstances of the case, may also be granted.”

3. Learned counsel for the petitioner would submit that respondents No.6 and

7 have enchroached 0.30 hectare of rakba 0.50 hectare of khasra No.299 of the government land situated at village Lakhagarh, P.S. Pithora, District Mahasamund (C.G.). He would further submit that despite complaint made by petitioner, no proceedings have been drawn by respondent no.5/ Tahsildar, Pithora, District Mahasamund (C.G.) against respondents No.6 and 7, therefore, he prays that respondent No.5/ Tahsildar may be directed to draw proceedings under Section 248 of the Chhattisgarh Land Revenue Code, 1959 within stipulated time and comply with circular (Annexure P3)

issued by the State Government in the year, 2011.

4. Per contra, learned State counsel submits that pursuant to complaint made by the petitioner, respondent No.5 has sought report from the concerned Patwari on 01.12.2022, thus, cognizance has been taken pursuant to the alleged enchroachment made by respondents No.6 and 7.

5. I have heard learned counsel for both the parties and perused the record with utmost circumspection.

6. In compliance of circular issued by the Government of Chhattisgarh in the year 2011 enchroachments are to be removed by the concerned Revenue Authority, but, as has been stated by learned State counsel in the instant case, some report has been sought and respondent No.5 has not proceeded further against respondents No.6 and 7 with regard to enchroachment in respect of subject land which shows in action and apathy towards duties of the officials of respondent No.5, who is obliged to see the work of his sub-ordinate and to show compliance of law, rules and circular issued by its own Government, therefore, this petition is disposed of directing petitioner to raise his grievance before the concerned Collector/ Respondent No.3 from whom this Court expects that he will do the needfull for redressal of grievance of the petitioner, as early as possible.

7. With aforesaid observation and direction, the instant writ petition is disposed of at the motion stage itself. However, liberty is left with the petitioner that if his grievance is not redressed then he may revive his prayer by filing fresh petition.

8. No order as to cost(s).