Tehsildar Must Adjudicate Encroachment Removal References From Gram Panchayats Under Section 56 of Panchayat Raj Adhiniyam.

The Petitioner, a 78-year-old resident of Village Garhwat, filed a writ petition seeking a writ of mandamus against the State authorities.

He alleged that Respondent No. 10 (a Patwari) had raised illegal constructions and encroachments over a public road, causing a nuisance.

The Petitioner claimed that while the Gram Panchayat Garhwat had passed a resolution regarding this illegal construction, no enforcement action had been taken by the revenue officials.

The State clarified that the matter was currently pending adjudication before the Tehsildar.

1. Whether the High Court should intervene under Article 226 to direct the removal of encroachments when a statutory proceeding is already pending before the revenue authority.

2. Whether the procedure for removal of obstructions on State-vested land as prescribed under the Panchayat Raj Adhiniyam was being followed.

The court primarily applied the proviso to Section 56(2) of the Chhattisgarh Panchayat Raj Adhiniyam.

This provision stipulates that if a Gram Panchayat resolves to remove hindrances or encroachments on land vested in the State Government, it may refer the matter to the Tehsildar; the Tehsildar is then mandated to proceed with the removal of such encroachments under the provisions of the Chhattisgarh Land Revenue Code, 1959.

The Court examined the Petitioner’s grievance regarding the lack of action against Respondent No. 10 despite a Panchayat resolution.

It took note of the State’s submission that the Matter was already seized by the Tehsildar under the statutory framework provided by the Adhiniyam.

The Court reasoned that since a specific legal remedy was already in motion—where the Gram Panchayat refers the matter to the Tehsildar for enforcement under the Land Revenue Code—judicious interference required the Petitioner to pursue that specific remedy to its conclusion.

The Court found that a direction for expeditious disposal by the lower authority was more appropriate than a direct order for demolition at the writ stage.

The Court disposed of the petition without granting the direct reliefs for removal or removal of officers, and directed the concerned Tehsildar to pass an appropriate order in accordance with the law in an expeditious manner.