1 2025:CGHC:16768 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1880 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 versus 1 - State of Chhattisgarh Through - The Secretary, Department Of Revenue, Mahanadi Bhawan, Atal Nagar, New Mantralaya, Naya Raipur, District - Raipur (C.G.) 2 - Upper Commissioner Bilaspur Division, Bilaspur, District- Bilaspur (C.G.) 3 - Collector Sakti, District- Sakti (C.G.) 4 - Sub Divisional Officer (Rev.) Malkharauda, District - Sakti (C.G.) 5 - Tahsildar Tahsil - Adbhar, District - Sakti (C.G.) 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 (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioner : Shri Jai Kumar Dewangan and Ms. Dimple Dewangan, Advocates For State : Shri Praveen Das, Deputy Advocate General Digitally signed by GOPAL SINGH Date: 2025.04.18 19:52:53 +0530 2 Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 09/04/2025 1. Learned counsel appearing for the petitioner submits that vide order dated 4.4.2025 an order has been passed under Section 250 of the Chhattisgarh Land Revenue Code and the petitioner has been directed to remove the illegal encroachment made by him in respect of Khasra No.1323/14 area 0.028 hectares which is recorded in the names of respondents No.6 and 7. Learned counsel fairly submits that there is an alternative remedy available under the law, but, since the order has been passed and the respondents are trying to take possession of the land, therefore, the petitioner has filed this petition looking to the nature and urgency of the case. 2. Since there is an efficacious remedy available to the petitioner of filing a petition under Section 44 of the Chhattisgarh Land Revenue Code, the petitioner while filing the said petition is to approach before the concerned appellate authority and to file an appeal before the said authority. 3. In the meanwhile, the effect and operation of the order dated 4.4.2025 is stayed for a period of 45 days from today. The petitioner is directed to file an appropriate application for seeking interim relief in appeal before the concerned authority and for that the petitioner is directed to file an appropriate appeal before the appellate authority and in case he files an application for grant of interim relief, the same shall be 3 considered and decided by the concerned appellate authority within 15 days of filing of the said application. 4. With the aforesaid observations and directions, the writ petition is disposed of. The concerned Tahsildar is directed to issue certified copy to the petitioner within a week after receipt of requisite fees therefor. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh