Gram Panchayat cannot directly order eviction under Section 56; it must refer encroachment to revenue authorities.

The petitioner claimed possession of property situated within Gram Panchayat Kaldabri, Tahsil Ghumka, District Rajnandgaon.

The Sarpanch issued notices/orders dated 05.08.2026, 21.08.2026, 29.08.2026 and 07.09.2026 directing the petitioner’s eviction.

The State submitted that no proceedings had been conducted by the Tahsildar and that only notices for eviction had been issued by the Sarpanch.

Whether the Sarpanch or Gram Panchayat was competent under Section 56 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993, to directly issue eviction notices/orders against the petitioner?

Whether the impugned notices/orders dated 05.08.2026, 21.08.2026, 29.08.2026 and 07.09.2026 were liable to be quashed for want of jurisdiction and violation of the statutory procedure?

The Court applied Section 56 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993, under which the concerned Gram Panchayat may pass or refer a resolution concerning removal of encroachment to the competent revenue authority, but does not itself possess authority to directly order eviction.

The eviction decision must be taken by the competent revenue authority, such as the Tahsildar, in accordance with law and after affording the affected person a proper opportunity of hearing.

The Court found that the Sarpanch had issued direct eviction orders under Section 56, although the Gram Panchayat’s role was limited to making an appropriate reference to the Tahsildar or another competent revenue authority.

Since the matter had not been referred to, or adjudicated by, the Tahsildar and the Sarpanch lacked jurisdiction to pass direct eviction orders, the impugned notices/orders were not legally sustainable.

The Court expressly clarified that it had not examined the merits of the petitioner’s possession or the alleged encroachment.

It granted liberty to Gram Panchayat Kaldabri to make an appropriate reference regarding the petitioner’s eviction to the competent revenue authority.

The revenue authority was directed to decide the matter in accordance with law and only after giving the petitioner due opportunity of hearing.

The writ petition was accordingly disposed of.