1 / 4 2025:CGHC:9676 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1112 of 2025 1 - Jagdish Pandey S/o Late Gibodh Pandey Aged About 57 Years By Caste Brahmin, R/o Village Ward No. 3, Near Green Park Hotel, Chainpur, Thana And Tahsil Manendragarh, Distt. Manendragarh- Chirmiri- Bharatpur CG. ... Petitioner versus 1 - The State Of Chhattisgarh Through Its Secretary Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Naya Raipur, Distt. Raipur C.G. 2 - The Collector, Distt. Manendragarh- Chirmiri-Bharatpur, CG. 3 - Sub Divisional Officer (R), Manendragarh, Distt. Manendragarh- Chirmiri-Bharatpur CG. 4 - The Tahsildar, Manendragarh, Distt. Manendragarh-Chirmiri- Bharatpur CG. ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Parag Kotecha, Advocate For Respondents/State : Mr. Satish Gupta, Govt. Advocate 2 / 4 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 25/02/2025 1. By the present writ petition, the petitioner is seeking a limited relief for early disposal of appeal filed by him under Section 44 of the Chhattisgarh Land Revenue Code, 1959 (for short, “the Act of 1959”) before the SDO (Revenue), Manendragarh by which the petitioner is questioning the evection order dated 06/01/2025 passed by the Tahsildar, Manendragarh in Revenue Case No.202212330500041/A-68/2022-23. 2. (i) Learned counsel appearing for the petitioner submits that the respondent No.4/ Tahsildar, Manendragarh has passed an order directing the petitioner to remove the alleged illegal encroachment over the Government land in which construction of shops and house has been made by the petitioner. The petitioner being aggrieved by the impugned order dated 06/01/2025 passed by the Tahsildar, has preferred an appeal under Section 44 of the Act of 1959 before the SDO on 24/01/2025, the appeal is not being decided by the SDO stating that the SDO is busy in the local election of Panchayat in District Manendragarh. He further submits that on the same day, the petitioner has also filed an application under Section 52 of the Act of 1959 seeking an interim protection against the order dated 06/01/2025 passed by the Tahsildar. (ii) learned counsel for the petitioner further submits that though the appeal and the application under Section 52 of the Act of 1959 is pending before the SDO but the Tahsildar issued an eviction warrant dated 06/01/2025 and subsequently on 07/02/2025, the Tahsildar is 3 / 4 insisting execution of the impugned order dated 06/01/2025. He further contends that the execution proceeding of the Tahsildar by issuance of eviction warrant, though the appeal and application for interim protection is pending before the SDO, is illegal and arbitrary, hence necessary direction be issued to the SDO for early hearing of the appeal as well as the application dated 24/01/2025 filed under Section 52 of the Act of 1959. 3. Learned counsel appearing for the State submits that if the appeal of the petitioner as well as the interim application filed under Section 52 of the Act of 1959 is still pending before the SDO, the same shall be considered and necessary order will be passed in accordance with law, within the stipulated period. 4. I have heard learned counsel for the parties, perused the documents as well as the pleadings made by the petitioner. 5. From perusal of eviction warrant dated 07/02/2025, it appears that the Tahsildar is proceeding to execute the impugned order dated 06/01/2025 by issuance of repeated evection warrants though the appeal and the application for grant of interim relief under Section 52 of the Act of 1959 is pending before the SDO. 6. In view of the above, the respondent No.3/ SDO (Revenue), Manendragarh is directed to pass necessary order in respect of the appeal filed by the petitioner under Section 44 of the Act of 1959 as well as on the interim application dated 24/01/2025 filed under Section 52 of the Act of 1959, in accordance with law. 4 / 4 7. It is made clear that the effect and operation of the impugned order dated 06/01/2025 (Annexure P/4) passed by the respondent No.4/ Tahsildar, Manendragarh in Revenue Case No.202212330500041/ A-68/2022-23 and subsequent eviction warrants dated 06/01/2025 and 07/02/2025 shall remain stayed till the final decision is passed in the appeal as well as on the application dated 24/01/2025 filed by the petitioner under Section 52 of the Act of 1959 which are pending before the SDO (Revenue), Manendragarh. 8. With the aforesaid direction, this writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar