Authorities must verify alleged government-land encroachments and decide the representation after hearing affected persons.

The petitioner, the elected Sarpanch of Gram Panchayat Harethi Kala, alleged that eight elected Panchs had encroached on government land and were consequently liable to disqualification under Section 36 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993.

She had submitted a representation to the Collector and sought its expeditious disposal; the State submitted that the Tehsildar had taken cognizance of the matter.

The Court considered the petitioner’s limited prayer without examining the merits of the allegations.

1. Whether the Tehsildar and Collector should be directed to inquire into and decide the petitioner’s representation concerning the alleged encroachments.

2. Whether the alleged encroachments rendered the Panchs liable to disqualification under Section 36 of the Adhiniyam.

The petitioner invoked Section 36 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993, as the basis for alleging that encroachment on government land disqualified the Panchs; the Court did not interpret or determine the application of that provision.

For the administrative inquiry, the Court directed that affected persons be given notice and an opportunity to respond, and that the authorities decide the matter in accordance with law.

Given that the petitioner sought only expeditious consideration of her representation and the Tehsildar had already taken cognizance, the Court directed a factual inquiry into whether the lands in question were government lands.

It required the Tehsildar to notify affected persons, obtain their replies, and report to the Collector. The Collector was then to consider and decide the representation.

The Court expressly left the merits—including the alleged encroachments and their disqualification consequences—to the authorities.

The Court expressed no opinion on the merits and required the authorities to provide all parties a hearing and decide in accordance with law.