1 2025:CGHC:14317 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1542 of 2025 1 - Smt. Seema Devi Chandra W/o Shri Laxman Prasad Chandra Aged About 42 Years R/o Village And Post Thathari, Police Station Baradwar, Tahsil Bhothiya, District Sakti Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue Department, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh. 2 - Collector Sakti, District Sakti Chhattisgarh. 3 - Sub Divisional Officer (Revenue) Sakti, District Sakti Chhattisgarh. 4 - Tahsildar Tehsil Bhothiya, District Sakti Chhattisgarh. 5 - Jageshwar Prasad Chandra S/o Late Shri Balram Prasad Chandra R/o Village Thuthi Post Office Thathari, Police Station Jaijaipur, Tehsil Bhothiya, District Sakti Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Ramesh Nayak, Advocate For State : Mr. Shreyansh Mehta, Panel Lawyer SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 25/03/2025 1. Petitioner has filed this writ petition seeking following reliefs :- “10.1 That, the Hon'ble High Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner for its kind perusal. 10.2 That, the Hon'ble Court may kindly be pleased to quashed the impugned stay order dated 22/11/2024 passed by respondent no. 3. 10.3 That, the Hon'ble High Court may kindly be pleased to direct the respondent 2 no. 3 to decide the Appeal Case no. 202411310300040/A-68/2024-2025 within stipulated time. 10.4 That, any other relief, this Hon'ble Court deem fit and proper may also be granted to the petitioner, in the interest of justice.” 2. Learned counsel for petitioner submits that the petitioner is a recorded owner of land bearing Khasra No. 649/2 Area 0.0530 hectare situated at revenue village Thuthi Tehsil- Bhothiya, District- Sakti (C.G.). The land of the petitioner is situated just aside of the Government Land bearing Khasra No. 650 which is adjacent to the main road (Baradwar Hasaud Road). Respondent no. 5 encroached the government land and started constructing the house on the Government Grass Land just in front of the land of the petitioner bearing Khasra No. 649/2. The petitioner objected to the construction of the house being done by the respondent no. 5 and filed an application on 04/01/2023 before the then Tehsildar Jaijaipur. On instructions, Halka Patwari submitted report before Tehsildar, Jaijaipur who registered the case on 06/03/2023 and issued notice to the respondent No. 5. On 27/09/2024 the respondent no. 4 passed order to remove the illegal encroachment from the Government Grass Land and a penalty of Rs. 500/- was also imposed against the respondent no. 5. On the said date, eviction warrant was also issued against the respondent no. 5 for removing the illegal encroachment from the Government Grass Land before 07/10/2024. On 18/11/2024 respondent no. 5 filed appeal along with application for stay of the order dated 27/09/2024 before respondent no. 3. On 22/11/2024, respondent no. 3 issued a stay order in which it was mention that the order dated 27/09/2024 passed by respondent 3 no. 4 shall remain stayed till further orders. It is contention of learned counsel for petitioner that due to construction raised by respondent No. 5, easementary right is being effected, as such respondent – authority may be directed to pass appropriate orders. 3. On the other land, learned State counsel raises preliminary objection stating that petitioner has not approached before concerned authority under Section 131 of Chhattisgarh Land Revenue Code, 1959 for the reliefs which he is claiming in this petition. 4. On the objection raised by learned State counsel, at this stage, learned counsel for petitioner seeks permission of this Court to withdraw this writ petition with liberty to file appropriate application before the concerned authority. 5. In view of the submission made by learned counsel for petitioner, this writ petition is dismissed as withdrawn with liberty as prayed for. Sd/- (Amitendra Kishore Prasad) Shayna JUDGE Digitally signed by SHAYNA KADRI