1 2025:CGHC:8896 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1623 of 2020 1 - Kanchan Chitrakar @ Kanchan Devi W/o Late Shri Narayan Chitrakar Aged About 60 Years R/o Mahamaya Para, Mahamaya Mandir Road, Ratanpur, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - Commissioner Bilaspur Division, Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 3 - Collector Bilaspur Office Of Collector, Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 4 - Sub Divisional Officer (Revenue) Sub Divisional Office, Kota, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 5 - Tehsildar Office Of Tehsildar, Tehsil Kota, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 6 - Additional Tehsildar Office Of Additional Tehsildar, Ratanpur, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 7 - Kamlesh Tiwari @ Bhanu Tiwari S/o Late Shri Durga Prasad Tiwari Aged About 55 Years R/o Mahamaya Para Ratanpur, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondents Digitally signed by REKHA SINGH -2- For Petitioner : Mr. Aman Tamboli, Advocate For State : Mr. Lav Sharma, Panel Lawyer For Respondent No.7 : Mr. Sachin Nidhi, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 20.02.2025 1. Mr. Tamboli, the learned counsel appearing for the petitioner would fairly submit that the order passed by the Additional Tehsildar, Ratanpur dated 17.07.2020 is appealable according to the provisions of Section 44 of the Chhattisgarh Land Revenue Code, 1959 (for short ‘the Code of 1959’) before the Sub-Divisional Officer (Revenue). He would further submit that a proceeding under Section 248 of the Code of 1959 was initiated and a notice with regard to eviction was issued by the Additional Tehsildar Ratanpur on 17.07.2020. He would contend that the petitioner was directed to vacate the premises including the dwelling house within a period of three days, therefore, the petitioner approached this Court directly. 2. On the other hand, learned counsel appearing for the respective respondents would submit that the present petition is not maintainable as an efficacious statutory alternative remedy is available in favour of the petitioner. 3. Heard the learned counsel appearing for the parties and perused 3 the documents placed on record. 4. Taking into consideration the fact that the order as well as notice issued by the Additional Tehsildar, Ratanpur are appealable according to the provisions of Section 44 of the Code of 1959, therefore, this petition is not maintainable. 5. The interim order was granted in favour of the petitioner on 21.07.2020 which is still operating. This petition is disposed of reserving liberty in favour of the petitioner to prefer an appeal along with an application for stay before the Sub-Divisional Officer (Revenue) under the provisions of Section 44 of the Code of 1959 within a period of 15 days and the Appellate Authority is directed to decide the application for the grant of stay within a period of 30 days after affording a due opportunity of hearing to the petitioner. For a period of 60 days, the interim order granted on 21.07.2020 shall remain operative. 6. With the aforesaid observation(s)/direction(s), the present petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha