DEVNARAYAN SAHU vs STATE OF CHHATTISGARH
- Court
- Chhattisgarh High Court
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2026:CGHC:19105
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 39 of 2026
1 - Devnarayan Sahu S/o Late Shri Jagat Ram Sahu Aged About 55
Years R/o Village- Akalwara, Ward No. 04, Bhawani Chowk, Post-
Akalwara, P.S. And Tahsil- Chhura, District Gariyaband (C.G.)
--- Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Secretary Department Of Land
Revenue, Mantralaya, Atal Nagar, Nava Raipur, District Raipur C.G.
2 - The Collector, District Gariyaband (C.G.)
3 - The Sub Divisional Officer (Revenue) Block Chhura, District
Gariyaband C.G.
4 - The Tahsildar, Chhura, Tahsil Chhura, District Gariyaband C.G.
5 - Shri Gowardhan Diwan Aged About 40 Years Sarpanch Gram
Panchayat Akalwara Tahsil Chhura, District Gariyaband (C.G.)
6 - The Secretary, Gram Panchayat Akalwara, Tahsil Chhura, District
Gariyaband C.G.
... Respondents
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(Cause-title taken from the Case Information System)
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For Petitioner :- Mr. J.N. Nande, Advocate
For State :- Mr. Anadi Sharma, P.L.
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SB- Hon'ble Shri Justice Amitendra Kishore Prasad
Order On Board
25.04.2026
1. By way of this petition, the petitioner has called in question the
action of the respondent authorities, particularly respondent Nos.
4 to 6, whereby proceedings for demolition of the petitioner’s
residential house (pucca house) have been initiated and carried
out on the allegation of encroachment over Government land,
without following due process of law and without affording
adequate opportunity of hearing.
2. The case of the petitioner, in brief, is that he is a permanent
resident of Village Akalwara, Tahsil Chhura, District Gariyaband,
and has been residing on the land in question along with his
family members for more than 23 years. It is submitted that
initially, in the year 2002, the petitioner along with his brothers
was allotted Abadi land bearing Khasra No. part of 214
admeasuring 750 sq. meters for residential purposes. Thereafter,
necessary permission for construction was granted and the
petitioner constructed his residential house over the said land. It
is further submitted that subsequently, in the year 2018, additional
land bearing Khasra Nos. 214/181 and 214/182 (new Khasra
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Nos. 565 and 566) was also allotted to the petitioner and his
brothers under the Mukhyamantri Aabadi Patta Scheme.
According to the petitioner, despite his lawful possession, the
respondent authorities issued eviction notices alleging
encroachment over Government land (Khasra No. 567), and in a
hurried manner, without proper demarcation and without granting
sufficient opportunity, proceeded to demolish the petitioner’s
house on 10.12.2025.
3. Following reliefs have been prayed by way of this petition:-
“10.1 The Hon'ble Court may kindly be
pleased to call for the entire records
concerning the petitioner's case from the
possession of the respondent authorities for its
kind perusal.
10.2 The Hon'ble Court may kindly be pleased
to issue a writ in the nature of mandamus
directing the respondent authorities to not
interfere in the lawful possession of the
Petitioner over the land where the Pucca
House is built on bearing Khasra No. 565 &
566 at Village- Akalwara, P.H.Ν.- 1, R.Ν.Μ.-
Khadma, Tahsil- Chhura, District- Gariyaband,
in the interest of justice.
10.3 The Hon'ble Court may kindly be pleased
to direct the Respondent Authority to provide
appropriate compensation to the Petitioner for
demolishing his Pucca House construction
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and for the mental distress caused by the
same, in furtherance of justice.
10.4 Any other relief/relief's which this Hon'ble
Court may deem fit and proper in the facts and
circumstances of the case, in the interest of
justice...”
4. Learned counsel for the petitioner submits that the entire action of
the respondent authorities is arbitrary, illegal and violative of the
principles of natural justice. It is contended that no proper
demarcation was carried out prior to initiating demolition
proceedings and the petitioner was not afforded a reasonable
opportunity of hearing. It is further submitted that the petitioner is
in settled possession on the basis of valid pattas granted by the
competent authority, and therefore, the action of demolition
without following due procedure is unsustainable in law. It is also
submitted that the petitioner as well as his brothers have been
granted pattas in respect of the land in question; however, certain
encroachment proceedings have been initiated on the allegation
that they have occupied excess land. At this stage, learned
counsel submits that the petitioner would be satisfied if the
concerned authorities are directed to consider and decide their
grievance in accordance with law.
5. Per contra, learned State counsel opposes the petition and
submits that the action has been taken on the basis of
encroachment over Government land and in accordance with the
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provisions of the Chhattisgarh Land Revenue Code, 1959. It is,
however, fairly submitted that proper demarcation of the land can
be undertaken and the petitioner’s claim can be examined by the
competent revenue authority in accordance with law.
6. I have heard learned counsel for the parties.
7. On perusal of the record, this Court finds that the controversy
involved in the present case essentially relates to identification
and demarcation of the land held by the petitioner vis-a-vis the
alleged encroached Government land. It appears that though
proceedings have been initiated by the respondent authorities,
the dispute regarding exact measurement and demarcation of the
land has not been conclusively determined in the presence of all
concerned parties. In such circumstances, this Court is of the
considered opinion that the ends of justice would be met if the
matter is relegated to the competent revenue authority for proper
adjudication after due demarcation.
8. Accordingly, the writ petition is disposed of with a direction that
the petitioner shall submit a fresh detailed application along with
all relevant documents before the concerned Tahsildar, Chhura,
District Gariyaband within a period of two weeks from today.
Upon receipt of such representation, the Tahsildar shall conduct
proper demarcation/measurement of the land in question in the
presence of the petitioner and other concerned parties, strictly in
accordance with law, and thereafter consider and decide
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the case of the petitioner, including the claim relating to allotment
of land in favour of the petitioner and his brothers, by passing a
reasoned and speaking order.
9. It is made clear that in respect of the land for which valid patta
has already been granted in favour of the petitioner, the same
shall not be disturbed except in accordance with law. However, if
upon such demarcation it is found that the petitioner is in
occupation of any excess land beyond the allotted area, the
petitioner shall vacate such excess land, and the authorities shall
be at liberty to proceed in accordance with law. The entire
exercise shall be completed within a period of three months from
the date of receipt of such representation.
10. It is further observed that the petitioner shall cooperate in
the proceedings before the Tahsildar.
11. With the aforesaid direction/observation, the writ petition
stands disposed of.
12. No order as to costs.
sd/-
(Amitendra Kishore Prasad)
Judge
Vishakha