1. By filing the present petition, the petitioner calls in question the alleged inaction of the respondents in removing encroachment from Government land situated at Khasra Nos. 129 and 131, Village Simnabhatha, Tahsil Dhamdha, District Durg (C.G.), reserved for Kumhari work under Section 237(2) of the C.G. Land Revenue Code, 1959, and has further challenged the Memo dated 21.09.2022, subsequent notices, resolution and order dated 05.01.2023 on the ground that the land had already been allotted in favour of the petitioner as per Annexure P/1, and therefore the subsequent proceedings are liable to be quashed. The petitioner has prayed for following relief(s):-

          "10.1. That the Hon'ble Court may kindly be pleased to allow the petition by giving suitable direction to the respondents to remove encroachment from khasra no. 129 & 131 admeasuring 0.88 and 0.22 respectively, total admeasuring 1.10 hectare situated in village Sirnabhatha, P.H. No.6, Tahsil Dhamdha, District Durg (C.G.) within stipulated period, so that the petitioner and his members can earn their livelihood.

          "10.1(a) That memo dated 21.09.2022 issued by respondent no. 5 to respondent no. 6 and 7 vide annexure P/9 be quashed, likewise notices for allotment of land by opening new case, notices dated 19.12.2022 issued to respondent no. 6 and 7 vide Annexure P/10 and P/11 be quashed and proceeding for allotment be dropped, likewise it be held that respondent no. 6 and 7 cannot pass resolution Annexure P/12, because they have passed earlier resolution in favour of petitioner vide Annexure P/2 on 28.09.2021, therefore resolution dated 22.12.2022 Annexure P/12 be quashed and also letter by respondent no. 8 written to respondent no. 3 dated 05.01.2023 vide Annexure P/13 be also quashed, because Tahsildar Dhamdha vide Annexure P/5 on 13.10.2021 asked for police force to get vacated the land in favour of petitioner, therefore suitable direction be given for quashing Annexure P/9 to Annexure P/13 as stated above".

          10.2. Costs of the petition be awarded and 10.3. Any other relief or direction which the Hon'ble Court may deems fit, be also awarded."

2. Learned Senior Counsel appearing for the petitioner submits that the land bearing Khasra Nos. 129 and 131, admeasuring 0.88 hectare and 0.22 hectare respectively, situated at Village Simnabhatha, P.H. No.6, Tahsil Dhamdha, District Durg, was reserved by the Collector vide order dated 03.01.2009 under Section 237(2) of the C.G. Land Revenue Code, 1959 for Kumhari work in favour of Kumhar Samaj. It is submitted that despite repeated representations made by the Sarpanch and the petitioner before the competent authorities regarding unauthorized encroachment made by several persons over the said land, no effective action has been taken for removal of such encroachment though even police assistance was sought by the Tahsildar.

3. It is further submitted that instead of protecting the reserved land, the respondents have initiated subsequent proceedings for allotment of the same land for other purposes by issuing Memo dated 21.09.2022, notices dated 19.12.2022 and communication dated 05.01.2023, which are wholly illegal and contrary to the order of reservation/allotment dated 03.01.2009. It is, therefore, prayed that the impugned proceedings be quashed and the respondents be directed to remove the encroachment from the subject land by taking action under Section 250 of the Chhattisgarh Land Revenue Code, 1959 within a time-bound period.

4. On the other hand, learned State counsel opposes the submissions advanced on behalf of the petitioner and submits that the authorities are proceeding in accordance with law and appropriate action with regard to the subject land shall be taken by the competent authority after due consideration of all relevant aspects.

5. I have heard learned counsel appearing for the parties at length and have also perused the documents annexed along with the writ petition including the order dated 03.01.2009 passed by the Collector reserving the land bearing Khasra Nos. 129 and 131 for Kumhari work, the representations submitted before the revenue authorities, the impugned communications/notices and the documents relating to the alleged encroachment over the subject land.

6. From perusal of the record and the pleadings made in the writ petition, it transpires that the grievance of the petitioner primarily relates to removal of alleged encroachment from the Government land reserved for Kumhar Samaj and challenge to the subsequent proceedings initiated by the authorities with respect to the said land. It further appears from the material available on record, particularly the order sheets produced before this Court, that revenue proceedings have already been initiated by the Tahsildar, Dhamdha, District Durg in relation to the subject matter and proceedings for removal of encroachment are pending consideration before the competent revenue authority. In view of the aforesaid factual position, this Court is of the considered opinion that the ends of justice would be served if the petitioner is relegated before the competent authority for redressal of his grievance.

7. Accordingly, the petitioner is directed to file an appropriate application along with all supporting documents before the Tahsildar, Dhamdha, District Durg within a period of 15 days from the date of receipt of certified copy of this order. In the event such application is filed within the aforesaid period, the Tahsildar, Dhamdha shall consider and decide the same strictly in accordance with law, expeditiously and preferably within a further period of 45 days thereafter, after affording due opportunity of hearing to all concerned parties who may be affected by such proceedings.

8. It is further observed that since the dispute pertains to alleged encroachment over land reserved for Kumhari work and the matter has been pending for considerable time despite several representations made by the petitioner and local authorities, the Tahsildar shall make all endeavour to conclude the proceedings within the stipulated time. It is made clear that unnecessary adjournments shall not be granted to either of the parties and the competent authority shall pass a reasoned and speaking order independently on its own merits.

9. With the aforesaid observations and directions, the instant writ petition stands disposed of.

10. There shall be no order as to costs.