1 2025:CGHC:20447 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2281 of 2025 Maleshwari Yadav W/o Lalchand Yadav Aged About 59 Years R/o Village Namnakhurd, Tahsil Udaipur, District Surguja (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Revenue Department, Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur (C.G.) 2 - Commissioner Ambikapur, Surguja Division, District Surguja (C.G.) 3 - Kalyan S/o Sukhram Aged About 60 Years R/o Namnakhurd, Tahsil Udaipur, District Surguja (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Anurag Singh, Advocate For Respondent-State : Mr. Satish Gupta, G.A. Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 05.05.2025 1 Heard Mr. Anurag Singh, learned counsel for the petitioner as well as Mr. Satish Gupta, learned Government Advocate for the State/respondents No.1 and 2. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.05.05 19:58:29 +0530 2 2 The petitioner has filed this petition with the following relief(s):- “1] That, this Hon’ble Court may kindly be pleased to issue writ/writs, order/orders, direction/directions quashing the order dated 21.04.2025 passed by Commissioner, Ambikapur, District Surguja (C.G.) and the application filed by the petitioner under section 52 of the C.G. Land Revenue Code 1959 may kindly be allowed in the interest of justice. 2] That, the Hon’ble Court may kindly be pleased to grant any other relief which is deem fit and proper.” 3 Learned counsel for the petitioner submits that the petitioner is challenging the order dated 21.04.2025 whereby while admitting the petition, his interim application has been rejected without assigning any reason. 4 On the other hand, learned State counsel submits that since the matter is pending for adjudication before the concerned Commissioner Surguja Division, as such, the petitioner should approach the Commissioner concerned by filing an application for urgent hearing and the Commissioner concerned may dispose of the same on merits. 5 Considering the overall facts and circumstances of the case, particularly the fact that while admitting the petition on merits, the concerned Commissioner has not stated anything as to on what 3 reasons the interim application has been rejected, at least some reasons have to be assigned while deciding the application, this Court is of the considered opinion that the writ petition is required to be allowed and the impugned order dated 21.04.2025 is to be set aside. 6 In the result, the writ petition is allowed and the impugned order dated 21.04.2025 is hereby set aside. The concerned Commissioner, Surguja Division is directed to pass speaking order in respect of interim application for grant of stay filed under Section 52 of the Chhattisgarh Land Revenue Code, 1959. Sd/- (Amitendra Kishore Prasad) Judge Yogesh