1 2025:CGHC:15476 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1677 of 2025 1 - Homji Lal Dewangan S/o Uttamlal Dewangan Aged About 75 Years Caste Koshta, R/o Village Sakarra, Tahsil Malkharouda, District Sakti Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhawan, Atal Nagar, New Mantralaya Naya Raipur, District Raipur Chhattisgarh. 2 - Upper Commissioner Bilaspur Division Bilaspur, District Bilaspur Chhattisgarh. 3 - Collector Sakti District Sakti Chhattisgarh. 4 - Sub Divsional Officer (Rev.) Malkharauda, District Sakti Chhattisgarh. 5 - Tahsildar Tahsil Adbhar, District Sakti Chhattisgarh. Digitally signed by RAGHVENDRA JAT 2 6 - Smt. Nomita Shrivas W/o Hitendra Shrivas R/o Village And Post Labed, Tahsil Kartala, District Korba Chhattisgarh. 7 - Khemchand Kaushik S/o Madhusudan Kaushik Aged About 32 Years Caste Nai, R/o Village And Post Sakarra, Malkharauda, District Sakti Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Jai Kumar Dewangan, Advocate. For Respondent(s)/ State : Ms. Upasana Mehta, Dy. G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 02/04/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “(i) That, the Hon'ble Court may kindly be pleased to direct the respondent authorities particularly respondents no. 6 & 7 to comply the stay order dated 01.07.2024 of the learned Commissioner and to stop further illegal construction house upon the petitioner's land till, the final decision of the pending civil suit and revision petition, in the interest of justice. (ii) That, the Hon'ble Court may kindly be pleased to direct the respondent authorities to consider the representation of the petitioner for seeking to remove and dispossess the private respondents no. 6 & 7 from illegal started 3 construction land upon land of the petitioner, within stipulated period, in the interest of justice. (iii) That, the Hon'ble Court may kindly be pleased to issue direction to issue punishment order against private respondents no. 6 & 7 for non compliance of the stay order dated 01.07.2024 of the learned Commissioner in the interest of justice. (iv) Any other relief, which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be granted in favour of the petitioner.” 2. Learned counsel for the petitioner submits that he has filed an application before respondent No. 2- the Upper Commissioner Bilaspur, Division Bilaspur, raising an objection in respect of proceedings initiated by the Tahsilar under Section 250 of the Chhattisgarh Land Revenue Code, 1959, however, the Tahsildar has rejected the objection of the petitioner and against that order the petitioner has moved an application before respondent No. 2- the Upper Commissioner Bilaspur, Division Bilaspur seeking grievance and raising objection under Section 250 of the Chhattisgarh Land Revenue Code, 1959 initiated by the Tahsildar .The Upper Commissioner Bilaspur, Division Bilaspur has passed an order dated 01.07.2024 while passing an order of stay on an application filed under Section 52 of the Chhattisgarh Land 4 Revenue Code, 1959. He further submits that inspite of the stay order, respondents No. 6 & 7 are raising construction over the same, and as such, he has rushed to this Court. 3. On the other hand, learned counsel for the State submits that since the matter is pending before respondent No. 2- the Upper Commissioner Bilaspur, Division Bilaspur as such this petition is not maintainable before this Court. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the facts and circumstances of the case, especially considering the fact that an order of stay has been passed by respondent No. 2- the Upper Commissioner Bilaspur, Division Bilaspur and inspite of that respondents No. 6 & 7 are raising construction over the same. According to the petitioner day by day construction is being raised which is not in accordance with law. 6. The petitioner is directed to approach before respondent No. 2- the Upper Commissioner Bilaspur, Division Bilaspur with an appropriate application, and, in turn, respondent No. 2- the Upper Commissioner Bilaspur, Division Bilaspur is directed to consider the application of the petitioner and to pass an appropriate order. 7. The petitioner is directed to file appropriate application before respondent No. 2- the Upper Commissioner Bilaspur, Division 5 Bilaspur within a period of three days, and, in turn, respondent No. 2- the Upper Commissioner Bilaspur, Division Bilaspur is directed to consider and decide the same within further period of three days from the date of receipt of copy of this order. 8. It is made clear that this Court has not made any opinion in respect of merits of the case and respondent No. 2- the Upper Commissioner Bilaspur, Division Bilaspur is required to pass appropriate orders upon merits of the case. 9. With this observation and direction, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat