1 2025:CGHC:19328-DB NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WA No. 286 of 2025 Gorelal Chandra S/o Late Shri Kanhaiyalal Chandra Aged About 63 Years R/o Sanjay Nagar Ward No.-3, Nagar Panchayat - Jaijaipur, Tahsil- Jaijaipur, District - Sakti (C.G.) ... Appellan(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, District - Raipur (C.G.). 2 - Collector Sakti, District - Sakti (C.G.) 3 - Sub Divisional Officer (Revenue) Sakti, District - Sakti (C.G.) 4 - Tahsildar Tahsil - Jaijaipur, District - Sakti (C.G.) 5 - Kartik Ram Chandra S/o Late Shri Visheshar Chandra Aged About 74 Years R/o Ward No.-12, Amapali Mohalla, Nagar Panchayat - Jaijaipur, Tahsil- Jaijaipur, District - Sakti (C.G.) --- Respondents For Appellant : Mr. Ramesh Nayak, Advocate. For Respondent Nos.1 to 4 : Mr. Shashank Thakur, Dy. AG. For Respondent No.5 : Mr. Ajay Kumar Chandra, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Arvind Kumar Verma, Judge Order on Board Per Ramesh Sinha, Chief Justice. 29.04.2025. 2 1. On a mention being made in the morning by learned counsel for the appellant with respect to the urgency in the matter as it is a case of demolition, the mention was allowed and the matter is listed before this Court today in the Supplementary List -1. 2. The present writ appeal has been filed for quashment of order dated 17.01.2025 (Annexure A-1) passed by the learned Single Judge in WPC No.340/2025 as well as proceeding of revenue Case No. 202408310800007/2023-24. 3. Relevant portion of order dated 17.01.2025 (Annexure A-1), reads as under: “4. Having considered the submission made by learned counsel for both the parties, the writ petition is disposed of and the Tahsildar, Jaijaipur is directed to decide the proceeding of revenue Case No. 202408310800007/2023-24, withing a period of fifty days from today. 5. With the aforesaid observation and direction, the writ petition is disposed of.” 4. Mr. Ramesh Nayak, learned counsel appearing for the appellant would submit that in pursuance to the direction/order of learned Single Judge dated 17.01.2025, respondent No.4/Tahsildar vide order 17.04.2025 has issued the eviction warrant and directed to remove the encroachment from the land bearing Khasra No.5970, which is stated to be the government land within '07 days’ and submit a certificate of Halka Patwari on 30.04.2025. Copy of the said eviction warrant dated 17.04.2025 is annexed as Annexure A- 16 alongwith stay application dated 25.04.2025. Learned Counsel further contended that present appellant -Gorelal Chandra was also 3 one of the party before the respondent No.4/Tahsildar in the proceeding of revenue Case No. 202408310800007/2023-24, but he was not made party before the writ petition (WPC No.340/2025) filed by the writ petitioner/Kartik Ram Chandra (respondent No.5 herein), which was disposed of on 17.01.2025 with a direction to ‘decide the proceeding of revenue Case No. 202408310800007/2023-24 within a period of fifty days from the date of passing of the order’. Certain suppression of facts have been made by the writ petitioner/respondent No.5 (herein) before the writ Court as the second appeal is also pending before this Court between the appellant and writ petitioner/respondent No.5 (herein) which was numbered as Second Appeal No.335/2023, therefore, present appellant is the necessary party before the writ court and he should have been made by the writ petitioner/respondent No.5, before passing any order by the writ court. 5. Upon asking to Mr. Ajay Chandra, learned counsel for respondent No.5 with regard to the fact whether the present appellant -Gorelal Chandra was also one of the party before the respondent No.4/Tahsildar in the proceeding of revenue Case No. 202408310800007/2023-24, then he also could not dispute the same. 6. Considering facts and circumstances of the case, pleadings made in the writ appeal, submissions of counsel for the parties, particularly the fact that pursuant to the direction/order of learned Single Judge 4 dated 17.01.2025, respondent No.4/Tahsildar vide order 17.04.2025 has issued the eviction warrant and directed to remove the encroachment from the land bearing Khasra No.5970, otherwise same would be removed forcibly, we are of the considered view that appellant -Gorelal Chandra shall also be heard by the writ court before passing any order in the writ petition filed by the writ petitioner/respondent No.5 (herein). 7. Accordingly, WPC No.340/2025 filed by writ petitioner/respondent No.5 (herein) before the Writ Court is restored and list it on 06.05.2025. 8. Impugned order dated 17.01.2025 (Annexure A-1) passed by Writ Court is hereby set-aside and matter is remanded back to the Writ Court for fresh adjudication after hearing both the parties. However, till then effect and operation of order dated 17.04.2025 (Annexure A-16) passed by respondent No.4/Tahsildar shall be kept in abeyance. 9. In the result, the writ appeal is allowed to the extent indicated above. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice J.