Savitri Kashyap v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2375 of 2018

1. Savitri Kashyap, W/o Gajanand Kashyap, aged about 60 years,

2. Smt. Gonda Bai, W/o Dashrath @ Bisahu, aged about 60 years,

3. Purushottam Kashyap, S/o Gajanand, aged about 50 years,

4. Dashrath @ Bisahu, S/o Ranjit @ Janak Ram, aged about 65 years, All R/o Khapri, Tahsil Pamgarh, District Janjgir Champa (CG) ---- Petitioner

Versus

1. State Of Chhattisgarh Through the Secretary, Department Revenue and Disaster Management, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur (CG)

2. Collector, Janjgir, District Janjgir Champa (CG)

3. Sub Divisional Officer (Revenue) Pamgarh, District Janjgir Champa (CG)

4. Tahsildar, Pamgarh, District Janjgir Champa (CG)

5. Gram Panchayat, Khapri, Janpad Panchayat Pamgarh, through the Sarpanch, Gram Panchayat Khapri, District Janjgir Champa (CG) ---- Respondent For Petitioners : Shri Hemant Kesharwani, Advocate.

For Respondent/State : Shri Rajendra Tripathi, Panel Lawyer. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 18/09/2018 :

1. Learned counsel for the petitioners would submit that respondents No.3 to 5 are treating the petitioners as encroachers and are trying to remove their possession even though the petitioners are lawful owners of the property in

question.

2. Let Tehsildar, Pamgarh, District Janjgir Champa draw proceeding against the petitioners under Section 248 of the CG Land Revenue Code, 1959, demarcate the area and ascertain as to whether the petitioners are in possession of the property on the strength of any Government grant or Patta or they are encroachers. Upon determination of the dispute, Tehsildar would be at liberty to proceed in accordance with law, if the petitioners are found to have encroached any part of the Government land. Let the entire proceeding be completed within a period of 6 months from today.

3. With the direction aforesaid, the Writ Petition stands disposed of. Sd/- Judge (Prashant Kumar Mishra) Barve