1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2058 of 2025 1 - Satyanarayan Rathore S/o Nanki Ram Aged About 56 Years R/o Village Sapiya, Tahsil Adbhar, District- Sakti (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, District- Raipur (C.G.) 2 - Additional Commissioner, Bilaspur Division, Bilaspur C.G. 3 - Sub Divisional Officer (R) Malkharouda, District Janjgir-Champa At Present District Sakti (C.G.) 4 - Tahsildar, Tahsil Adbhar, District Sakti (C.G.) 5 - Gopal Prasad S/o Bulluram Rathore Aged About 61 Years R/o Village Sapiya, Tahsil Adbhar, District- Sakti (C.G.) ... Respondent(s) (Cause-title is taken from Case Information System) For Petitioner : Mr. Shailendra Kumar Bajpai, Advocate For State : Mr. Praveen Das, Dy. Advocate General SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 24/04/2025 1. Petitioner has filed this writ petition seeking following reliefs :- “10.1 That this Hon'ble court may kindly be pleased to issue an order/direction restraining the respondent No. 5 from construction of house over the disputed land during pendency of the appeal before the Additional Commissioner Bilaspur. Digitally signed by SHAYNA KADRI 2 10.2 This Hon'ble court may kindly be call for the records for its kind perusal which relates to petitioner's matter. 10.3 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner.” 2. Facts of the case, in a nutshell, are that the petitioner owns land bearing Khasra No. 1118/1 and 1118/2, totaling 0.80 acres, situated in Village Sapiya, Tahsil Adbhar, District Sakti (C.G.). In front of the land of petitioner lies a government grassland (Khasra No. 1344/1), which the petitioner uses as a "Nistari Rasta." The petitioner alleges that respondent No. 5 has encroached upon this grassland and started construction, blocking the "Nistari" way of the petitioner. In 2018, the petitioner filed a complaint before the Tahsildar, who ordered removal of the encroachment and imposed a fine on respondent No. 5. The respondent's appeals were dismissed, but the Commissioner remitted the case back to the Tahsildar for fresh consideration. After remand, the Tahsildar denied recording name of respondent No. 5 based on possession, citing lack of jurisdiction. The appeal filed by respondent was rejected, and a second appeal is pending before the Additional Commissioner. Despite this, respondent No. 5 has started constructing a house, which would create difficulties in removal and block the "Nistari" way of the petitioner. The petitioner has applied for a stay before the Commissioner, Bilaspur Division, Bilaspur, but no order has been passed, and the respondent continues construction. 3. Learned counsel for the petitioner submits that despite losing in two forums, respondent No. 5 has preferred a second appeal before the Commissioner, Bilaspur Division, Bilaspur. However, during the pendency of the appeal, respondent No. 5 is raising a construction on 3 the disputed land, blocking the road used by the petitioner and villagers. Given the urgency, the petitioner approaches this Court seeking a direction to the Commissioner, Bilaspur Division, Bilaspur to hear the application for interim relief expeditiously and restrain respondent No. 5 from further construction on the disputed land until the appeal is decided. 4. Learned State counsel submits that in view of the limited prayer made by learned counsel for petitioner seeking a direction to the concerned Commissioner, he is having no objection. 5. I have heard the learned counsel for the respective parties. 6. Considering facts and circumstances of the case, in particular, the fact that the matter is pending before the Commissioner, Bilaspur Division, Bilaspur where an application for urgent hearing as well as application for grant of interim relief restraining respondent No. 5 from raising construction is filed on 11.04.2025 and the next date fixed for hearing is 30.04.2025 as submitted by learned counsel for the petitioner, as such, the Commissioner, Bilaspur Division, Bilaspur is directed to hear the matter urgently on the application for grant of interim relief and to pass appropriate orders to restrain respondent No. 5 from raising construction over the land in question which is said to be a Public path. It is further directed that till further hearing of the application by the Commissioner, Bilaspur Division, Bilaspur, the respondent No. 4 / the Tahsildar, Tahsil Adbhar, District Sakti is directed to restrain respondent No. 5 from raising any construction on the land in dispute and learned State counsel is directed to inform the concerned Tahsildar about 4 passing of this order forthwith so that the construction may not be raised thereafter. 7. It is made clear that this Court has not considered anything on merits of the case. The the Commissioner, Bilaspur Division, Bilaspur shall pass an order on its own merits, in accordance with law. 8. With this observation and direction, this writ petition stands disposed of. Certified copy today. Sd/- (Amitendra Kishore Prasad) Shayna JUDGE