MURITRAM PATEL vs STATE OF CHHATTISGARH
- Court
- Chhattisgarh High Court
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CGHC010417792026 2026:CGHC:46153
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 5453 of 2026
1 - Muritram Patel S/o Late Bhawani Prassad Aged About 44 Years
Resident Of Village Changori, Police Station And Tahsil- Akaltara,
District- Janjgir-Champa, Chhattisgarh.
2 - Rajaram Patel S/o. Bhawanlal Patel Aged About 51 Years Resident
Digitally
signed by
VISHAKHA
BEOHAR
VISHAKHA
BEOHAR
Of Village Changori, Police Station And Tahsil- Akaltara, District- Janjgir-
Champa Chhattisgarh
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Secretary, Department Of Revenue
And Disaster Management, Mantralaya, Mahandi Bhawan, New Raipur
District- Raipur, Chhattisgarh.
2 - Collector Janjgir-Champa District- Janjgir-Chamap Chhattisgarh
3 - Sub Divisional Officer (Revenue) Akaltara, District- Janjgir-Champa
Chhattisgarh.
4 - Tahsildar Akaltara, District- Janjgir-Champa Chhattisgarh.
5 - Chottelal Patel S/o Firturam Aged About 53 Years Resident Of
Village Changori, Police Station And Tahsil- Akaltara, District- Janjgir-
Champa Chhattisgarh.
... Respondents
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(Cause-title taken from the Case Information System)
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For Petitioner :- Mr. Shantanu Kumar, Advocate
For State :- Mr. Anil Pandey, G.A.
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SB- Hon'ble Shri Justice Amitendra Kishore Prasad
Order On Board
02.11.2026
1. The present writ petition is preferred against the 'dispossession
Warrant' dated 04/06/2026, whereby the respondent no. 4, has
directed the petitioners to remove encroachment of Area 40 x 30
sq.feet made by petitioners upon government land i.e. Khasra no.
369/1 total Rakba 2.5010 Hector, at village Changori, P.H.N. 1 at
Revenue Circle - Ranimandal, Kotgarh, Tahsil - Akaltara, District
Janjgir Champa, Chhattisgarh.
2. The facts of the case, in brief, are that the petitioners are
permanent residents of Village Changori, Tahsil Akaltara, District
Janjgir-Champa, Chhattisgarh, and are dependent upon
agricultural and labour work for their livelihood. They claim to have
been in possession of a small piece of Government land
measuring 40 x 30 square feet, forming part of Khasra No. 369/1,
admeasuring 2.5010 hectares, situated at Village Changori, for
more than 40 years, where they have constructed small structures
and developed a badi for agricultural purposes. It is the case of
the petitioners that respondent No. 5, who owns the adjoining
private land bearing Khasra No. 370, permitted one Dukalu to
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encroach upon the adjoining Government land, thereby
obstructing access to the petitioners' land. Thereafter, respondent
No. 5 filed an application under Section 248 of the Chhattisgarh
Land Revenue Code, 1959, before the Tahsildar, alleging
encroachment by the petitioners upon his land. According to the
petitioners, the alleged encroachment was situated on
Government land bearing Khasra No. 369/1 and not on the private
land of respondent No. 5. The petitioners further contend that,
without issuing notice or conducting demarcation to ascertain the
actual location of the alleged encroachment, the revenue
authorities issued a dispossession warrant dated 04.06.2026,
directing them to remove the alleged encroachment. Aggrieved
thereby, the petitioners preferred an appeal before respondent No.
3 on 30.06.2026. However, during the pendency of the appeal,
respondent No. 4 demolished the construction raised by petitioner
No. 1 up to the DPC and column level and the construction raised
by petitioner No. 2 up to the plinth level on 16.06.2026. The
petitioners claim to have been in peaceful possession of the land
for more than 40 years and submit that they belong to below-
poverty-line families. Alleging that their constructions were
demolished without following the due process of law and without
proper determination of the land in question, they have
approached this Court seeking following appropriate reliefs :-
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“ 10.1 This Hon'ble Court may kindly be pleased to
direct the respondent State to call relevant records,
pertaining to the instant matter
10.2 This Hon'ble Court may kindly be pleased to
issue appropriate writ/direction/order for quashing
the impugned order dated 04/06/2026 passed by
Tahsildar (respondent no. 4) (Annexure P/1).
10.3. This Hon'ble Court may kindly be pleased to
issue appropriate writ/order/direction, to the
respondents not to dispossess the petitioners from
aforesaid land i.e. small area of 40 x 30 sq.feet from
government land i.e. Khasra no. 369/1 total area
2.5010 Hector situated at village Changori, P.H.N. 1
at Revenue Circle - Kotgarh, Tahsil - Akaltara,
Chhattisgarh.
10.4 This Hon'ble Court may kindly be pleased to
issue appropriate writ/order/direction, for
considering for petitioner's representation dated
30/06/2026 (Annexure P/9).
10.5 This Hon'ble Court may kindly be pleased to
Grant any other relief(s) deemed fit and proper in
the facts and circumstances of the case, including
costs of the petition.”
3. Learned State counsel submits that an appeal under Section
44(1) of the Chhattisgarh Land Revenue Code, 1959, challenging
the impugned order, is already pending before the concerned
Sub-Divisional Officer (Revenue), having been filed on
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30.06.2026. In view of the availability of the statutory remedy and
pendency of the appeal, the present petition is not maintainable.
4. Learned counsel appearing for the petitioners, at this stage,
submits that, having regard to the apprehension of dispossession,
the petitioners have approached this Court by way of the present
writ petition.
5. Considering the facts and circumstances of the case and the
submission made by learned State counsel regarding the
pendency of the statutory appeal under Section 44(1) of the
Chhattisgarh Land Revenue Code, 1959, this Court is not inclined
to entertain the present writ petition at this stage. Accordingly, the
writ petition is disposed of with liberty reserved in favour of the
petitioners to pursue the pending appeal before the competent
appellate authority.
6. The petitioners are further granted liberty to file an appropriate
application under Section 52 of the Chhattisgarh Land Revenue
Code, 1959, if not already filed, before the competent appellate
authority within a period of 10 days from today. In the event such
an application is filed within the stipulated period, the competent
appellate authority shall consider and decide the same, in
accordance with law, within a further period of 10 days from the
date of its filing.
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7. In the meanwhile, for a period of 20 days from today, the
respondent authorities are directed not to take any coercive action
against the petitioners in pursuance of the impugned
dispossession warrant dated 04.06.2026.
8. It is made clear that this Court has not expressed any opinion on
the merits of the dispute, and the competent appellate authority
shall consider the matter independently, in accordance with law.
9. With the aforesaid liberty and directions, the writ petition stands
disposed of.
sd/-
(Amitendra Kishore Prasad)
Judge
Vishakha