1 2025:CGHC:18217 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1955 of 2025 1 - Muslim Jamat Gariyaband Through The Sadar Abdul Kayyum, S/o Abdul Rahim Khan Aged About 60 Years R/o Ward No. 5, Paragaon Road, Gariyaband, Dist. Gariyaband C.G. ... Petitioner versus 1 - State Of Chhattisgarh Through The Collector Gariyaband, Dist. Gariyaband C.G. 2 - Sub-Divisional Officer, Gariyaband C.G. 3 - Tehsildar, Gariyaband, Tehsil Gariyaband, Dist. Gariyaband C.G. 4 - Patwari, R.I. Circle Gariyaband, Tehsil Gariyaband, Dist. Gariyaband C.G. ... Respondents (Cause title is taken from Case Information System) For Petitioner : Shri Raza Ali, Advocate For State : Shri Praveen Das, Dy. Advocate General Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 22/04/2025 1. Learned counsel for the petitioner has filed this petition challenging the order dated 13.3.2025 (Annexure P1) passed by the Tahsildar, Gariyaband. This order has been passed in Digitally signed by GOPAL SINGH Date: 2025.04.28 11:35:31 +0530 2 Revenue Case No.202411221300011/A-68/Year 2024-25 under Section 248 of the Chhattisgarh Land Revenue Code. 2. An objection has been raised by learned Deputy Advocate General appearing for the State that since the order has been passed in a revenue proceeding, as such the challenge to it should have been made in an appeal under Section 44(1) of the Chhattisgarh Land Revenue Code. 3. Learned counsel for the petitioner submits that since the authorities are bent upon to remove the construction raised by the petitioner, therefore, some protection may be granted and they will approach before the concerned appellate authority. 4. Considering the facts and circumstances of the case, without going into the merits of the case, the petitioner is directed to approach before the concerned appellate authority under Section 44(1) of the Chhattisgarh Land Revenue Code within 10 days from the date of receipt of a copy of this order and in turn the concerned appellate authority is required to consider the appeal of the petitioner. Till the final decision is taken on the appeal, the stay application, to be filed by the petitioner, shall be decided within 10 days from the date of filing of the appeal as well as the stay application. Till then, the parties shall maintain status quo in respect of the subject land and if the order of status quo is violated by any of the parties, it will considered to be a contempt of the order of this Court and it will suo motu taken as contempt of Court. 3 5. With the aforesaid observations and directions, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh