Raju Sinha vs State Of Chhattisgarh

Heard Mr. Ram Narayan Sahu holding brief of Mr. Punit Ruparel, learned counsel for the petitioner. Also heard Mr. H.S. Ahluwalia, learned Deputy Advocate General, appearing for the respondents/State.

The present writ petition has been filed by the petitioner with the following prayers:

“10.1 That the Hon’ble Court may kindly be pleased to call for the entire records pertaining to the case of petitioner.

10.2 That the Hon’ble Court may kindly be pleased to direct the respondent authorities to vacate the Khasra No. 1147, 1148, rakba 0.07, 0.07 hectare total 14 decimal P.H. No. 34 at Village Narayangarh, which is reserved for graze land of the village Narayangarh, District Rajnandgaon (C.G.) from the illegal possession of the respondent no. 7 and demolish the illegal construction over it.

10.3 Any other relief, which may deem fit and proper in the circumstances of the case, in the interest of justice. ”

The facts of the case, are that, the present instant petition challenging the illegal action of the private respondents i.e. respondent No. 7, where she is illegally encroached over the government land and raising construction over the government land bearing Khasra No. 1147, 1147, rakba 0.07, 0.07 hectare total 14 decimal P.H. No. 34 at village Narayangarh, which is reserved for graze land of the village Narayangarh, District Rajnandgaon (C.G.), which is registered in the name of State Government. Further such land is used by the villagers for providing graze to the cattle’s and also dump their agriculture product at that place, some of the land is taken by the respondent No. 6 for construction of national highway such land is encroached by the respondent No. 7 and compel the villagers to left the government land which is secured for the public purpose under the Nistar Right of Chhattisgarh Land Revenue Code, which is their right, which is not permissible under law.

Learned counsel for petitioner submits that the petitioners submits the petitioner is agriculturist, he and other villagers are used the aforesaid land as a public land, which is situated at aforesaid Khasra number, which is reserved for the graze land of the village and due to illegal encroachment of respondent No. 7, the villagers unable to use the said land, therefore, the petitioner has approached this Court.

Learned counsel for the State submits that on complaint made by the petitioner with regard to the illegal encroachment over the government land, spot inspection report was sought from the concerned Revenue Inspector / Halka Patwari and a report to the effect was received that the respondent No. 7 has made illegal encroachment over the government land bearing Khasra No. 1147 and 1148 and therefore, after following due process of law and after hearing the parties including the respondent No. 7 as well as the respondent no. 5, the order dated 13.02.2020 was passed whereby, it was directed to remove the illegal encroachment made by the respondent No. 7 over the government land and encroachment made by the respondent No. 5 Gram Panchayat and pursuant to which the notice dated 11.02.2022 (Annexure R/4) has been issued to them for removal of the illegal encroachment.

We have heard learned counsel for the parties and perused the materials available on record.

Considering the submissions made by the learned counsel for the State, the grievance raised by the petitioner has been redressed.

Accordingly, the present PIL is disposed of.