Facts
The petitioner claimed ownership and possession of Khasra No. 556/2 and alleged that respondents 5 and 6 were encroaching on adjoining Government land, obstructing access to her land, and continuing construction despite a Naib Tehsildar’s order dated 20 April 2026 restraining further construction.
Source reference: para. 1–3She had previously approached the Tahsildar.
Source reference: para. 1–3The State argued that she should pursue remedies before the competent authority and, if necessary, the appellate authority.
Source reference: para. 1–3Issues
Whether the revenue authorities should take steps to ensure compliance with the Naib Tehsildar’s restraint order dated 20 April 2026.
Source reference: para. 4Whether the authorities should examine and act upon the petitioner’s allegation of unauthorized construction or encroachment on Government land.
Source reference: paras. 5–7Whether the Court should determine title or ownership of the disputed land in this petition.
Source reference: para. 8Law Applied
The Court cited no specific statute or precedent.
Source reference: paras. 4–8It applied the principles that the concerned authorities must ensure compliance with an existing restraint order and take appropriate action according to law if it is violated; that alleged encroachment on Government land requires prompt attention and, where established after verification and enquiry, action by the competent authority; and that the authorities must independently determine the matter on its merits, without treating the Court as having decided title.
Source reference: paras. 4–8Reasoning
Because the Naib Tehsildar had already restrained respondents 5 and 6 from further construction, the Court considered it incumbent on the revenue authorities to ensure compliance and address any alleged breach.
Source reference: paras. 4–8Given the petitioner’s allegation that construction and encroachment on Government land continued, the Tahsildar and SDO were directed to examine the matter and take appropriate steps after verification, in accordance with law.
Source reference: paras. 4–8The Court expressly left title and ownership undecided.
Source reference: paras. 4–8Holding
The Court disposed of the petition, directing the Tahsildar to examine the petitioner’s grievance, ensure compliance with the 20 April 2026 restraint order, and take necessary lawful steps to prevent unauthorized construction or encroachment.
The SDO was directed to examine the matter and ensure appropriate action by the competent revenue authorities.
Source reference: paras. 5–9Any action against alleged encroachers is contingent on verification and enquiry; the Court expressed no opinion on title or ownership.
Source reference: paras. 5–9Original Court PDF
SUBHADRA BAI SAHUvsSTATE OF CHHATTISGARH
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
