1 2025:CGHC:16494 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1940 of 2023 Ghasiram S/o Jagdev Aged About 72 Years R/o Village Sawala, Tahsil Dhanora, District Kondagaon Chhattisgarh (Non Applicant) ... Petitioner versus 1 - State Of Chhattisgarh Through The Collector Kondagaon, District Kondagaon Chhattisgarh 2 - Sub Divisional Officer (Revenue) Keshkal, District Kondagaon Chhattisgarh 3 - Tehsildar Dhanora, District Kondagaon Chhattisgarh 4 - Naib Tahsildar Dhanora District Kondagaon Chhattisgarh 5 - Shankar S/o Jagdish Aged About 52 Years R/o Village Sawala, Tehsil Dhanora, Districr Kondagaon Chhattisgarh (Applicant) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Shobhit Koshta, Advocate For Respondent-State : Ms. Anuja Sharma, Panel Lawyer For Respondent No.5 : Mr. Harsh Tripathi, Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 08.04.2025 1 Heard Mr. Shobhit Koshta, learned counsel for the petitioner and Ms. Anuja Sharma, learned Panel Lawyer appearing for the State/respondents No.1 to 4 and Mr. Harsh Tripathi, learned counsel appearing for respondent No.5. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.04.15 10:50:10 +0530 2 2 The petitioner has filed this petition with the following relief(s):- “10.1) This Hon'ble Court may kindly be pleased to issue appropriate writ and quash / set-aside the impugned order dated 16/3/2023 (Annexure P-4) in the interest of justice and to direct the respondent authorities not to forcefully enter or destroy the disputed land which is in possession of the petitioner. 10.2) This Hon'ble Court may kindly be pleased to call for the entire records of the instant case, for kind perusal of this Hon'ble Court and in case the petitioner is dispossed restore the possession of the petitioner. 10.3) This Hon'ble Court may also be pleased to grant the cost of the petition to the petitioner. 10.4) Any other relief which this Hon'ble Court deem fit and proper may also kindly be granted to the petitioner in the interest of justice.” 3 At the outset, learned counsel for the petitioner submits that there is an alternative remedy available under the law as against the order of the Tahsildar passed under Section 250 of the Chhattisgarh Land Revenue Code, 1959, he has to approach before the Sub Divisional Officer (R), Kondagaon under Section 44(1) of the Chhattisgarh Land Revenue Code, 1959, as such he may be permitted to avail alternative remedy available under the law. 4 Learned counsel appearing for the respondents have submitted that the petitioner has approached this Court directly without availing efficacious alternative remedy available under the law. 3 5 Considering the submissions made by learned counsel for the parties as well as looking to the pendency of the case since 2023, the petitioner is directed to file appropriate application before the Sub Divisional Officer (R), Kondagaon within a period of 20 days and in turn, the Sub Divisional Officer (R), Kondagaon is directed to consider the case of the petitioner and to pass appropriate order on an application filed by the petitioner under Section 52 of the Chhattisgarh Land Revenue Code, 1959 within a period of 15 days from the date of filing of the application by the petitioner. Till the decision on the interim application filed by the petitioner, the order of status quo granted in favour of the petitioner shall continue. 6 With the aforesaid observation/direction, instant writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Yogesh