Hemlal Shriwas vs State Of Chhattisgarh
2026 Latest Caselaw 1983 Chatt

Chattisgarh High Court

Hemlal Shriwas vs State Of Chhattisgarh on 22 April, 2026

                                                                    1




                                                                                        2026:CGHC:18251
                                                                                                         NAFR

                                  HIGH COURT OF CHHATTISGARH AT BILASPUR


                                                        WPC No. 1432 of 2026


                     1 - Hemlal Shriwas S/o Late Pardeshi Ram Shriwas Aged About 74
         Digitally   Years R/o Mig 30 Dindayal Puram Colony, Chhote Atarmuda, Tv Tower
VISHAKHA signed by
BEOHAR   VISHAKHA
         BEOHAR
                     Road, Ward No. 28, Raigarh, Distt. Raigarh Chhattisgarh
                                                                                            ... Petitioner(s)
                                                                versus


                     1 - State Of Chhattisgarh Through The Secretary, Department Of
                     Revenue And Disaster Management, Indravati Bhavan, Atal Nagar
                     Raipur,                   District                    Raipur                  Chhattisgarh


                     2      -      Collector            Raigarh         Distt.      Raigarh        Chhattisgarh


                     3 - The Sub Division Officer (Revenue) Raigarh, Distt. Raigarh
                     Chhattisgarh


                     4 - The Tahsildar Raigarh, Distt. Raigarh Chhattisgarh
                                                                                           ... Respondents
                                    (Cause-title taken from the Case Information System)
                     -----------------------------------------------------------------------------------------------

For Petitioner :- Mr. Rajendra Tripathi, Advocate For State :- Mr. Shobhit Mishra, Dy. G.A.

-----------------------------------------------------------------------------------------------

SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order On Board 22.04.2026

1. By way of the present writ petition filed under Article 226 of the

Constitution of India, the petitioner has challenged the notices

dated 19.01.2026 and 16.02.2026 issued by the respondent

authorities, whereby the petitioner has been directed to vacate the

subject premises on the allegation that he is an encroacher over

the said land.

2. Facts of the case are that the petitioner is a retired employee of

the M.P. Electricity Board, who was posted as Executive

Assistant-II during his service tenure. It is the case of the

petitioner that under a Government scheme for allotment of land

to its employees, he was allotted a plot bearing Land No. 107,

Category "Sirish", admeasuring 1500 square feet, situated at Kelo

Vihar Colony, District Raigarh. Pursuant thereto, the petitioner was

granted a Bhawan Bhumiswami Adhikar Patra, thereby conferring

rights over the said land. It is submitted that ever since the

allotment, the petitioner has been in peaceful possession of the

said land for the last 30-40 years and has constructed a

residential house thereupon, where he is residing along with his

family members. It is further submitted that the petitioner has been

regularly paying property tax and other municipal dues in respect

of the said property, and has also been paying electricity charges,

thereby demonstrating his continuous and settled possession over

the land in question. The grievance of the petitioner arises from

the issuance of notices dated 19.01.2026 and 16.02.2026 by the

respondent authorities, particularly the Tahsildar (Nazul), alleging

that the petitioner is an encroacher over the said land and

directing him to vacate the premises. According to the petitioner,

the said notices have been issued without proper consideration of

the allotment granted in his favour and without affording him an

adequate opportunity of hearing, and therefore, the same are

arbitrary, illegal and liable to be set aside.

3. Following reliefs have been prayed by way of this petition:-

"i. That, this Hon'ble Court may kindly be pleased to quash/set-aside the notice dated 19.01.2026 & 16.02.2026 passed by the respondent authority.

ii. That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to not interfere the peacefully possession of the petitioner and not to demolish the structure of petitioner.

iii. Cost of the petition may also be granted to the petitioner. iv. Any other relief, which this Hon'ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice. "

4. Learned counsel for the petitioner submits that the petitioner was

granted rights over a piece of land measuring 1500 square feet

under Bhawan Bhumiswami Adhikar Patra. Pursuant thereto, the

petitioner is in possession of the said land for the last several

decades and has constructed a residential house thereupon,

wherein he is residing along with his family. It is further submitted

that despite having a valid title and long-standing possession, the

impugned notices have been issued by the concerned Tahsildar

(Nazul), alleging the petitioner to be an encroacher, which is

wholly illegal and contrary to the record. Learned counsel for the

petitioner contends that the action of the respondents is arbitrary

and unsustainable in law, as the petitioner has been granted rights

over the land and is in lawful possession thereof.

5. Per contra, learned State counsel, on advance copy, submits on

instructions that the petitioner has failed to comply with the terms

and conditions of the Bhawan Bhumiswami Adhikar Patra,

particularly with regard to payment of rent, and therefore, the

impugned notices for eviction have been issued.

6. I have heard learned counsel for the parties and perused the

material available on record.

7. Considering the rival submissions and perusal of the record, it

appears that the petitioner has been granted certain rights over

the land in question and is in possession thereof, having

constructed a house over the same. At the same time, the

contention of the State regarding non-payment of rent in terms of

the allotment conditions also requires consideration by the

competent authority.

8. In view of the aforesaid facts and circumstances of the case, the

present petition is disposed of with the following directions: (i) The

concerned Nazul Officer / Respondent No. 4 shall provide an

opportunity of hearing to the petitioner and consider all documents

submitted by him. (ii) The petitioner shall also be under an

obligation to clear the outstanding rent, if any, in accordance with

the terms and conditions of the Bhawan Bhumiswami Adhikar

Patra. (iii) The respondent authority shall thereafter pass a

reasoned and speaking order in accordance with law.

9. Till final decision is taken by the competent authority, no coercive

steps, including eviction, shall be taken against the petitioner.

However, it is made clear that the petitioner shall deposit/pay the

outstanding rent amount, as applicable, before claiming protection

under this order.

10. With the aforesaid observations and directions, the writ

petition stands disposed of.

sd/-

(Amitendra Kishore Prasad) Judge

Vishakha