IN THE HON’BLE HIGH COURT OF CHHATTISGARH JUDICATURE AT

BILASPUR

W.P. (PIL) No. /2021

PETITIONER : Raja Ram Sahu

VERSUS

RESPONDENTS : State of Chhattisgarh and

others

INDEX

S. No. Particulars Annex. Page

1 Synopsis and dates & events

2 Writ Petition under Article 226 of the

Constitution of India along with certificate

3 Application for grant of interim relief

4 Affidavit in support of the writ petition and

application for grant of interim relief / stay

5 Affidavit of Petitioner undertaking that PIL is

being filed solely on Public Interest

6 Application for waiver of locus standi rule

7 Application for exemption from pre-deposit

8 Affidavit in support

9 Copy of Representations made to P/1

Respondents dated 04.02.2021

10 Photographs of encroachers on land along P/2

with their names.

11 Vakalatnama

Bilaspur,
Date: /04/2021 (SHARAD MISHRA, ADV)
COUNSEL FOR THE PETITIONER
IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR

W.P. (PIL) No. /2021

PETITIONER ::: Raja Ram Sahu

VERSUS

RESPONDENTS : State of Chhattisgarh & Others

SYNOPSIS

DATES AND EVENTS

Dates Particulars

04.02.2021 The village panchayat’s land was being encroached by

several people in the village of mohdha, the said land
was being allotted for common use, however the illegal
occupants started using the land for their personal use.

04.2.2021 The Petitioner made several complaints to the

respondent authorities in regards to the said
encroachers but no action till date has been taken by
the authorities.

Bilaspur, Chhattisgarh (SHARAD MISHRA, ADV)

Dated: /04/20201 COUNSEL FOR THE PETITIONER

 IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR

Writ Petition (PIL) No. _________/2021

PETITIONER :::: Raja Ram Sahu, S/o Jeevrakahn Sahu,

aged 45 years, R/o 142, wards- 5,
Chakaldhar, Tarpongi, raipur (C.G)

Versus
RESPONDENTS :::: 1. State of Chhattisgarh, through
Secretary Department of Panchayat &
Rural Development Collectorate
Kutchery Chowk, Near Garden, Raipur,
Chhattisgarh- 492001.
2. The Collector, Raipur, District – Raipur
(C.G.).
3. Sub-Divisional Officer, Raipur, District
Raipur, (C.G.).
4. Tehsildar, Tehsil – Tilda (Nevra),
District- Raipur (C.G.).
5. The Secretary Department of Panchayat
& Rural Development Collectorate
Kutchery Chowk, Near Garden, Raipur,
Chhattisgarh- 492001.
6. The Chief Secretary Department of
Panchayat & Rural Development
Collectorate Kutchery Chowk, Near
Garden, Raipur, Chhattisgarh 492001
7. The Chief Minister office of
Chhattisgarh, Civil Lines, Raipur
Chhattisgarh, - 492001
8. The Commissioner, Raipur (C.G)
9. The Chief Secretary, Government of
Chhattisgarh, Mahanadi Bhawan, Atal
Nagar, New Raipur, Chhattisgarh.

WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA

1) PARTICULARS OF THE PETITIONER:

As given above in the cause title.

2) PARTICULARS OF THE RESPONDENTS:

As given above in the cause title.

3) (A) PARTICULARS OF THE ORDERS AGAINST WHICH THIS PETITION
IS MADE:

By way of the present writ petition, the Petitioner herein is not

challenging any specific order but is assailing the arbitrary, illegal and
unreasonable inaction of the Respondents particularly of Respondent No.
2 to 09 by which the Respondents are not taking any actions against the
encroachers of Government land at village Mohdha tehsil Tilda, P.S
Dharsiwan district Raipur. (C.G.).

The above impugned illegal, arbitrary inaction of the respondents is

without any authority of law and in absolute contravention of the
statutory rules and regulations in force, as government property which is
given to Gram Panchayat for necessary public use is being encroached
by the Sarpanch and his relatives, and the respondent authorities are
not taking any actions against them despite the fact the petitioner has
made several complaints. Hence, the necessity of the present writ
petition before the Hon’ble Court.

(B) SUBJECT MATTER IN BRIEF:

The Petitioner is a citizen of India and is a permanent resident of Village

Mohdha tehsil Tilda, P.S. Dharsiwan district Raipur, State of
Chhattisgarh. Petitioner is a common man living at the village of Mohdha
and he is a public spirited person who has always stood for the rights of
general public and has the sufficient reason to question the aforesaid
impugned arbitrary, illegal act of the Respondents, that’s why, the
Petitioner intends to invoke the extraordinary writ jurisdiction of the
Hon’ble Court provided under Article 226 of the Indian Constitution in
the representative capacity whereby the respondent authorities are not
taking any actions on the persons who have encroached on the
Government lands which are allotted to Gram Panchayat for making
Gothans, Schools, Ponds, Water Reservoirs, Play Ground, etc for the
public schools.

(C) (I) The present petitioner has no personal interest in filing of this writ
petition in the nature of Public Interest Litigation.

(II) That, the petitioner herein is a common man living at Village

Mohdha tehsil Tilda, P.S. Dharsiwan district Raipur, The petitioner has
earlier not filed any other public interest petition, no cost has been
awarded for or imposed against the petitioner in any cases and no
stricture has been passed against him.
 (III) That, the petitioner is filing the present petition on his own and not
at the instance of someone else. The litigation cost, including the
advocates’ fee and the travelling expenses of the lawyer, if any, are being
borne by the petitioner himself.
(IV) The source of information of the facts pleaded in this writ petition
is based on documents obtained from, government websites, media
articles and information available in public domain.
(V) The petitioner has several representations before the Respondent
State Authorities in this regard but no action whatsoever has been taken
on the same by the concerned authorities. Further, the matter is of such
nature which can only be decided after the interference of this Hon’ble
Court under its writ jurisdiction.
(VI) That, to the best of the knowledge of the petitioner no PIL or any
other petition is being filed or pending or decided by this Hon’ble Court
in the instant subject matter.

4) WHETHER CAVEAT FILED. IF YES, WHETHER COPY OF THE

PETITION SUPPLIED TO THE CAVEATOR:

That, no copy of caveat has been received yet by the petitioner.

5) DETAILS OF REMEDIES EXHAUSTED:

The petitioner has no alternate efficacious remedy other than
approaching the Hon’ble Court under Article 226 of the Constitution of
India by invoking writ jurisdiction of the Hon’ble Court, hence, the
necessity of this petition.

6) MATTER NOT PREVIOUSLY FILED OR PENDING WITH ANY OTHER

COURT OF LAW:

The petitioner has not filed any application / petition related to the
present matter and no matter is pending before any Court of law.

7) DELAY, IF ANY, IN FILING THE PETITION:

The petitioner declares that there is no deliberate inordinate delay in

filing of the instant petition.

8) FACTS OF THE CASE:

The facts of the case are narrated herein below:

8.1 That, the petitioner is a peace-loving Citizen of India and is entitled for
all fundamental rights enshrined under part –III of the Suprema Lex i.e.
 The Constitution of India, as also other constitutional and legal rights
endowed by the Constitution and the laws of this Country.

8.2 That, the Petitioner is a law-abiding citizen of this country and a

permanent resident of Gram Mohdha tehsil Tilda, P.S. Dharsiwan district
Raipur, (C.G.). The Petitioner is a public-spirited person who has always
stood for the protection of public rights. The present Petition is solely
being filed in the larger public interest and the Petitioner has no personal
interest in the present case.

8.3 That, the petitioner intends to invoke the extraordinary jurisdiction of the
Hon’ble High Court of Chhattisgarh provided under Article 226 of Indian

Constitution to direct the respondent authorities to initiate the action

against the encroachers of the said government land.

8.4 That the Gram Mohdha tehsil Tilda, P.S. Dharsiwan district Raipur, has
been allotted several Government land for the making the Gothan,

School, Water Reservoir, Play Ground, Community Hall, etc. for the

public use of the villagers.

8.5 That on the said allotted land the several villagers including the Panch
and his relatives are illegally and arbitrarily encroached upon the

government land and having illegal possession over the property.

8.6 That on the said encroached lands encroachers are using such land for
their personal use like for doing business, farming, making residence etc.

The land allotted for school has been used for residential purpose.

8.7 That it is pertinent to mention here that the petitioner had made various
complaints along with the details of encroached property and

encroachers to the respondents asking for taking a strict action against

the encroachers. However, the responsible respondent authorities have

failed to take any action against them. The Copy of complaints made to

the respondents have been filed herein and marked as Annexure P-1 .

8.8 That it is respectfully submitted that the respondent authorities have

willfully ignored the applications made by the petitioner requesting to

 take strict actions against such encroachers. The petitioners humbly

submit the detailed list of property encroached along with the

photographs proving that the illegal possession over the said property.

The photographs showing illegal possession is filed herein and marked as

Annexure P/2.

8.9 That it is respectfully submitted that the respondent no 1 & 9 have

willfully ignored the directions issued by the Hon’ble Supreme Court in

the case of Jagpal Singh v. State of Punjab, reported in (2011) 11 SCC

396, whereby the direction issued to make schemes for evection of illegal

occupants of Gram Sabha Gram Panchayat/Poramboke/Shamlat land

and these must be restored to the Gram Sabha/Gram Panchayat for the

common use of villagers of the village.

“23. Before parting with this case, we give directions to all the State
Governments in the country that they should prepare schemes for
eviction of illegal/unauthorized occupants of Gram Sabha/Gram
Panchayat/Poramboke/Shamlat land and these must be restored to
the Gram Sabha/Gram Panchayat for the common use of villagers of
the village. For this purpose, the Chief Secretaries of all State
Governments/Union Territories in India are directed to do the
needful, taking the help of other senior officers of the Governments.
The said scheme should provide for the speedy eviction of such
illegal occupant, after giving him a show cause notice and a brief
hearing. Long duration of such illegal occupation or huge
expenditure in making constructions thereon or political connections
must not be treated as a justification for condoning this illegal act or
for regularizing the illegal possession. Regularization should only be
permitted in exceptional cases e.g. where lease has been granted
under some Government notification to landless labourers or
members of Scheduled Castes/Scheduled Tribes, or where there is
already a school, dispensary or other public utility on the land.”
As it clearly seen that in the year 2011 the Supreme court had already

issued a direction for the state government to initiate actions on the

illegal occupants over the land of Gram Panchayat, however since then

no action has been taken by the respondents and till date the illegal
 occupants are enjoying the fruits from the land of Gram Panchayat

which was to be used for public purpose and their welfare.

8.10 That, from the submissions made hereinabove it is crystal clear

that the Respondents have acted contrary to law and prescribed
directions issued by the Supreme Court. Therefore, the willful ignorance
of such directions and complaints by respondents is illegal, arbitrary and
colorful exercise of administrative powers which is ultra vires to the
statutory rules & regulations. Hence, necessity of this writ petition.

9) GROUNDS (DISTINCT GROUNDS TO BE RAISED SEPARATELY):

The petitioner files this writ petition in form of Public Interest Litigation
before Hon’ble Court on following grounds together:

9.1 Because, the illegal occupants having the possession over the land of

Gram Panchayat is bad in law as well as on facts.

9.2 Because, the respondent authorities have not taken any action

against the illegal occupants having such poor possession over the

land of Gram Panchayat even after various complaint made by the

petitioner.

9.3 Because, the illegal possession over the said land is violating the

rights of innocent villagers.

9.4 Because, the petitioner, with due permission of this Hon’ble Court
hereby reserves his right to raise other grounds at the time of
arguments and craves leave of this Hon’ble Court to submit relevant
documents if the need arises during the course of hearing for just &
proper adjudication of the case.

RELIEF (S) SOUGHT: -

In the light of submissions made hereinabove and by looking into the
facts and circumstances of the case, the petitioners pray for the following
relief before this Hon’ble Court: -

(i) That, this Hon’ble Court may kindly be pleased to allow the
present writ petition preferred by the petitioner and call for the
records pertaining to the present case.

(ii) That, this Hon’ble Court may kindly be pleased to issue an

appropriate writ/order/direction more particularly the one in the
nature of Writ of Mandamus to the respondents more particularly
 to the Respondent No. 2 to 6 and thereby instruct them to initiate
a strict legal action against such encroachers.

(iii) That, this Hon’ble Court may kindly be pleased to issue an

appropriate writ/order/direction to the respondents to pay the
adequate compensation to the villagers of Mohdah and also to pay
the unliquidated damages them.

(iv) That, this Hon’ble Court may kindly be pleased to issue an

appropriate writ/order/direction to the Respondent more
particularly to the Respondent No. 02 for constituting a committee
for inquiring into the whole matter pertaining to illegal occupants
and stringent action shall be taken against the erring officers.

(v) That, any other order/relief which this Hon’ble Court may deem fit,
proper and just in the facts and circumstances of the present case
may also kindly be awarded to the petitioner in the interest of
justice.

An affidavit in support of the petition is filed herewith.

Bilaspur, Chhattisgarh COUNSEL FOR THE PETITIONER

Dated : /04/2021

CERTIFICATE

It is certified the due care has been taken in the present case to
comply with the provision of Chhattisgarh High Court Rules .

COUNSEL FOR THE PETITIONER

Bilaspur, Chhattisgarh
DATED: /04/2021
CERTIFICATE

It is certified the due care has been taken in the present case to
comply with the provision of Chhattisgarh High Court Rules .

Bilaspur, Chhattisgarh
DATED: /04/2021
COUNSEL FOR THE PETITIONER
 IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR

W.P.(PIL) No. /2021

PETITIONER : Raja Ram Sahu

VERSU
S
RESPONDENTS : State of Chhattisgarh and
others
APPLICATION FOR EXEMPTION FORM DEPOSIT OF SECURITY
AMOUNT

The petitioner, named above, most respectfully submits as under: -

1. That, the petitioner has filed the captioned public interest litigation
purely in the interest of public at large and he has no personal interest in
the subject matter.

2. That, the Respondents No. 2 to 9 have acted in gross violation of

statutory provisions and directions given by Hon’ble supreme Court utter
disregard to the due process prescribed for evection of encroachers on
the land of Gram Panchayat which was being allotted for public benefits,
which is wholly arbitrary, illegal and arbitrary and ultra vires to the
statutory acts and rules.

3. The, matter is being filed purely in public interest to safeguard and

protect the government land reserved for construction of Cultural Center
and other public purposes which would benefit the citizens residing in
the area.

4. That, in view of the above, the petitioner seeks exemption from deposit of
security amount of Rupees 5,000/- in the interest of justice and in the
facts and circumstances of the case.

5. An affidavit in support is filed herewith.

PRAYER
 It is therefore prayed that this Hon’ble Court may be pleased to allow this
application and exempt the petitioner from deposit of security amount in
the interest of justice.

BILASPUR (SHARAD MISHRA, ADV)

DATE: /03/2021
COUNSEL FOR THE PETITIONER

IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR

WRIT PETITION (PIL) No. OF 2021

PETITIONER: Raja Ram Sahu

VERSUS

RESPONDENTS: State of Chhattisgarh and Others

APPLICATION FOR WAIVER OF THE LOCUS STANDI RULE

The petitioner begs to submit as under:

1. That the petitioner has filed instant petition purely in the Public Interest,
and as such has no individual/personal interest in the subject matter.
2. That the petitioner as such has no locus standi to challenge the action of
the State authorities regarding the issue raised in the writ petition,
however the rule of locus standi has been modified and relaxed as far as
PIL, habeas corpus and quo warranto petitions are concerned.
3. That petitioner seeks leave of this Hon’ble Court to waive the rule of
locus standi in the interest of justice.
An affidavit is support of the application is attached herewith.

PRAYER

It is therefore, prayed that this Hon’ble Court may kindly be pleased to

allow the application and waive the rule of locus standi, in the interest of
justice.

BILASPUR SHARAD MISHRA, ADV

DATED: (COUNSEL FOR THE PETITIONER)
 IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR

WRIT PETITION (PIL) No. OF 2021

PETITIONER: Raja Ram Sahu

VERSUS

RESPONDENTS: State of Chhattisgarh and Others

AFFIDAVIT

I, Raja Ram Sahu, age 45 years, S/o Jeevrakhan Sahu, R/o 142, wards- 5,
Chakaldhar, Tarpongi, Raipur (C.G.) do hereby state on oath as under: -

1. That I am the petitioner under the instant petitioner and fully conversant
with the facts of the case.
2. That the present petition under Article 226 of the Constitution of India is
being filed as public interest litigation and the petitioner as such has no
personal interest in the instant petition.
3. That the petitioner is filing the instant petition on his own and not at the
instance of someone else. The litigation cost, including the advocate’s fee
and the traveling expenses of the lawyer, if any, are being borne by the
petitioner himself.

VERIFICIATION

I, Raja Ram Sahu, above named deponent does hereby verify that
the contents of the above affidavit made in Para 1 to 3 are true to the
best of my knowledge, records attached with the writ petition, the legal
 proposition and belief. Verified and signed on _________ day of April,
2021 at Bilaspur (C.G.)

IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR

WRIT PETITION (PIL) No. OF 2021

PETITIONER: Raja Ram Sahu

VERSUS

RESPONDENTS: State of Chhattisgarh and Others

AFFIDAVIT

I, Raja Ram Sahu, age 45 years, S/o Jeevrakhan Sahu, R/o 142, wards- 5,
Chakaldhar, Tarpongi, Raipur (C.G.) do hereby state on oath as under: -

That I am the petitioner under the instant petitioner and fully conversant with
the facts of the case.

1. That, I am the petitioner under the instant petitioner and fully

conversant with the facts of the case.
2. That, the present petition under Article 226 of the Constitution of India
is being filed as public interest litigation and the accompanying
application for waiver of locus standi rule and application for exemption
from pre-deposit of security amount are drafted by my Counsel under my
instructions and the contents made therein are true and correct to my
personal knowledge & belief.
3. That, the petitioner is submitting this affidavit in support of the above
applications

VERIFICIATION
 I, Raja Ram Sahu, above named deponent do hereby verify that the
contents of the above affidavit made in Para 1 to 3 are true to the best of
my knowledge, records attached with the writ petition, the legal
proposition and belief. Verified and signed on _________ day of April,
2021 at Bilaspur (C.G.)

IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR

WRIT PETITION (PIL) No. OF 2021

PETITIONER: Raja Ram Sahu

VERSUS

RESPONDENTS: State of Chhattisgarh and Others

AFFIDAVIT

I, Raja Ram Sahu, age 45 years, S/o Jeevrakhan Sahu, R/o 142, wards- 5,
Chakaldhar, Tarpongi, Raipur (C.G.) do hereby state on oath as under: -

That, I am the petitioner under the instant petitioner and fully conversant with
the facts of the case.

1. That, the Petitioner has filed this writ petition in the nature of Public
Interest Litigation and is fully conversant with the facts and
circumstances of the case.
2. That, the present petition under Article 226 of the Constitution of India
is being filed as public interest litigation and the accompanying
application for grant of stay has been drafted by my Counsel under his
instructions and the contents made therein are true and correct to my
personal knowledge & belief.
3. That, the petitioner is submitting this affidavit in support of the above
writ petition and application for grant of stay.

VERIFICIATION

I, Raja Ram Sahu, above named deponent do hereby verify that the
contents of the above affidavit made in para 1 to 3 are true to the best of
my knowledge, records attached with the writ petition, the legal
proposition and belief. Verified and signed on _______ day of April, 2021
at Bilaspur (C.G.)