Pending encroachment proceedings must be decided expeditiously after hearing parties, with status quo maintained meanwhile.

The petitioner, Gram Panchayat Silphili, alleged that Respondent Nos. 5 to 7 had encroached upon Government land bearing Khasra Nos. 515 and 516 at Village Silphili, Tehsil Pratappur, District Surajpur, which was being used as a public market known as “Shanivar Bazar”.

The Gram Panchayat passed a resolution dated 29 July 2021 seeking removal of the alleged encroachment, and the Tehsildar subsequently issued notice dated 16 August 2021. The alleged encroachers thereafter filed W.P.(C) No. 4763 of 2021. By order dated 25 November 2021, the High Court directed the Collector to consider their representation and decide it within 60 days, while directing the parties to maintain status quo in the meantime.

As the related revenue proceedings in Revenue Case No. 202108260700008/ब-121/2020-2021 remained pending, the Gram Panchayat filed the present petition seeking removal of the alleged encroachment, expeditious disposal of the revenue case, restraint against further construction, and compensation.

Whether the pending revenue proceedings concerning the alleged encroachment and unauthorized construction over Khasra Nos. 515 and 516 should be directed to be concluded expeditiously by the competent authority?

Whether the Court should itself direct removal of the alleged encroachment or adjudicate the rival claims concerning the nature, possession, and use of the disputed property?

Whether interim protection in the form of maintenance of status quo should continue until the revenue proceedings are finally decided?

The Court applied the principle that disputes concerning alleged encroachment over Government land and unauthorized construction must first be determined by the competent revenue authority under the applicable revenue law, after providing all concerned parties a due opportunity of hearing.

The Court further applied the procedural principle that a pending statutory proceeding should be brought to its logical conclusion within a reasonable time, but without the writ court expressing an opinion on the merits of the rival claims.

The existing status quo arrangement concerning the nature and possession of the property was continued as an interim protective measure until the competent authority rendered its decision.

The Court noted that the allegations of encroachment and unauthorized construction were disputed matters requiring factual determination by the competent revenue authority, rather than direct adjudication in the writ petition.

Since Revenue Case No. 202108260700008/ब-121/2020-2021 was already pending, the appropriate course was to direct the Collector/competent authority to decide that proceeding expeditiously in accordance with law and after hearing all concerned parties.

To preserve the subject matter and prevent alteration of the disputed property during the decision-making process, the Court directed maintenance of status quo with respect to its nature and possession.

The Court expressly refrained from deciding whether the respondents had in fact encroached upon the Government land or raised unauthorized construction.

Respondent No. 2/the competent authority was directed to consider and decide the pending revenue proceedings preferably within 60 days from receipt of the order, after affording due opportunity of hearing to all concerned parties.

Until such decision, all parties were directed to maintain status quo regarding the nature and possession of the property.

The petitioner was granted liberty to submit a fresh representation, along with a copy of the order, before the competent authority.