Manbasiya vs State Of Chhattisgarh

The petitioners seem to be aggrieved of the notice issued by the Tehsildar dated 16.03.2023. Vide the impugned notice the Tehsildar, the respondent No.4 has asked the petitioner to remove the illegal construction raised by the petitioners which is said to have been encroached upon by the petitioners.

The said notice refers to an order passed by this court in WPC No.5090 of 2021. The challenge to the notice by the petitioners is two folds, firstly, the proceeding is not one which has been initiated under Section 248 of the Chhattisgarh Land Revenue Code. Secondly, the notice refers to an order of the writ court whereas the writ court has not made any such direction for the removal of the house of the petitioners from the site. That, the petitioners were not a party to the proceeding before the writ court.

Be that as it may, it would be relevant at this juncture to take note of the observations of this court. While deciding WPC No.5090 of 2021, this court in paragraphs 2 & 3 has held as under:

“2. Learned counsel for the petitioner submits that as a result of the illegal encroachment the pathway which is an access to the property of the petitioner had got blocked. Further counsel for the petitioner submits that he has already approached the Authorities and local administration for removal of the encroachment and there are orders passed by the District Administration for the removal of the encroachment which till date has not been acted upon.

Given the said submissions by the counsel for the petitioner today, the writ petition at this juncture stands disposed of permitting the petitioner to approach the respondent no.2 to 4 in respect of his grievance and respondent no.2 to 4 are expected to take an appropriate decision so far as the grievance of the petitioner is concerned and also ensure that the orders passed by the respondent no.2 to 4 in respect of the removal of illegal encroachment is kept in mind while redressing the grievance of the petitioner at the earliest.”

Pursuant to which the present impugned notice seems to have been issued to the petitioners.

True it is that this court has not directed the respondent authorities to initiate any proceeding against the petitioners in particular. This court in the said writ petition had only permitted the petitioners to approach the concerned authorities by way of a suitable representation. The authorities were in turn directed to take appropriate steps ensuring that the order passed by the local administration earlier in respect of removal of illegal encroachment be acted upon. Now if at all if the petitioners are aggrieved of the impugned notice at this juncture, the petitioners have all the right to appear before the Tehsildar and to submit their reply. The respondent No.4 thereafter shall consider the said reply on its own merits in accordance with law and only thereafter to take appropriate steps in accordance with law.

The petitioners would also be permitted to apprise the respondent No.4 in respect of their right over the said property or any other right that they have over the said land.

Let the petitioners file a reply/objection before the respondent No.4 within a period of 15 days from today and the respondent No.4 in turn shall consider the same on its own merits in accordance with law and pass appropriate orders with a copy duly served to the petitioners.

Till a decision is taken by the Tehsildar, the respondents shall not initiate any co-ercive steps against the petitioners from being evicted from the said land.

With the aforesaid observations, the writ petition stands disposed of.

Certified copy today.