1 2025:CGHC:19296 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2102 of 2025 1 - Santaru Kashyap S/o Shri Sarahu Kashyap Aged About 55 Years Caste- Kurmi, R/o Village- Salkhan, Tahsil- Shivarinarayan, District- Janjgir-Champa (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through- The Secretary, Revenue, Department, Mahanadi Bhawan, New Raipur (C.G.) 2 - The Collector/ Additional Collector Janjgir District- Janjgir-Champa (C.G.) 3 - The Sub Divisional Officer (Rev.) Janjgir, District- Janjgir-Champa (C.G.) 4- The Tahsildar Shivarinarayan District- Janjgir-Champa (C.G.) 5 - Dhelaram S/o Late Rameshar Kashyap Caste- Kurmi, R/o Village- Salkhan, Tahsil- Shivarinarayan, District- Janjgir-Champa (C.G.) ... Respondents For Petitioner : Mr. Paras Mani Shriwas, Advocate For State : Ms. Nupoor Sonkar, PL Digitally signed by PRIYANKA VERMA 2 Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 29/04/2025 1. The petitioner, in this Writ Petition, has prayed for the following reliefs:- “(i) That, the Hon’ble Court may kindly be pleased to call the entire record from the learned courts below. (ii) That, the Hon'ble Court may kindly pleased to quash/set-aside the order dated 07/01/2025 (Annexure P-1) passed by Respondent No. 3/The Sub Divisional officer (Rev.) Janjgir, District-Janjgir- Champa (C.G.) in Revision Case No. 202302062700374/A-68/2020-21, whereby warrant of arrest has been issued against the petitioner for sending the Civil Jail during pendency of the Writ Petition (C) No. 5849/2024 before the Hon'ble High Court and an appropriate order may also be passed in favor of the petitioner. (iii) That, the Hon'ble Court may kindly pleased to direct the respondent No. 03/The Sub Divisional officer (Rev.) Janjgir, District-Janjgir-Champa (C.G.) be recall his order dated 07/01/2025 passed in Revision Case No. 202302062700374/A-68/2020-21, whereby warrant of arrest has been issued against the petitioner for sending the Civil Jail till decision of the Writ Petition (C) No. 5849/2024. 3 (iv) Any other relief, which may be deemed, fit by this Hon'ble Court just and proper in the facts and circumstances of the case may also be provided in favor of the petitioners.” 2. Learned counsel for the petitioner submits that vide earlier order dated 07.01.2025, the petitioner was directed to remove his enforcement, however as per the Sub-Divisional Officer, Revenue, it has not been removed and an order dated 07.01.2025 was passed stating that since it has not been removed as such, the petitioner be sent to civil imprisonment and for that, necessary direction may be issued to the SHO, Shivarinarayan and thereafter, an application for cancellation of warrant of arrest has been moved by the petitioner on 17.01.2025. He would further submit that he has already moved a Writ Petition before this Court bearing WPC No.5849/2024 against the order for removal of encroachment, as such, the authorities may be directed to consider the same and not to take any action during the pendency of the petition. 3. Upon this, learned counsel for the respondent/State submits that no order has been passed in favour of the petitioner, as such, the concerned SDO (Revenue) has rightly passed the order. 4. Considering the fact that the Writ Petition bearing WPC No.5849/2024 is already pending before this Court, in which notices have been issued further since the petitioner has already moved an application for cancellation of warrant, as such, the SDO (Revenue), District- Janjgir- Champa is directed to consider the application of the petitioner filed on 17.01.2025 and decide the same in accordance with law. 4 5. It is made clear that this Court has not made any opinion on the merits of the case, however, the SDO (Revenue), District- Janjgir-Champa has to see that the petitioner has approached this Court while filing a Writ Petition bearing WPC No.5849/2024, which is still pending for consideration. 6. With the aforesaid observation(s) and direction(s), the present petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Priyanka