1 2025:CGHC:21231 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2421 of 2025 1 - Animesh Kumar Minj S/o Late Sushil Kumar Minj Aged About 27 Years R/o Ward No.-5, Nagar Ramanujganj, P.S. And Tahsil - Ramanujganj, District Balrampur-Ramanujganj, Chhattisgarh 2 - Smt Monika Devi W/o Late Madhu Aged About 80 Years R/o Ward No.-5, Nagar Ramanujganj, P.S. And Tahsil - Ramanujganj, District Balrampur-Ramanujganj, Chhattisgarh ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through The Secretary, Revenue Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, Raipur, District - Raipur, Chhattisgarh 2 - The Collector Balrampur-Ramanujganj, Office Of The Collector, District Balrampur-Ramanujganj, Chhattisgarh 3 - The Sub Divisional Officer Ramanujganj, District Balrampur- Ramanujganj (C.G.) 4 - The Tahsildar Ramanujganj, Office Of The Tahsildar, Tehsil - Ramanujganj, District Balrampur-Ramanujganj, Chhattisgarh ... Respondent(s) (Cause-title taken from Case Information System) For Petitioners : Mr. Harshal Chouhan, Advocate For State/Respondent/s : Ms. Anuja Sharma, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.05.12 19:50:42 +0530 2 Order on Board 08/05/2025 1. Heard Mr. Harshal Chouhan, learned counsel for the petitioners as well as Ms. Anuja Sharma, learned Panel Lawyer for the State/respondent/s appearing on advance copy. 2. By this instant petition, the petitioners have prayed for following relief/s : “10.1 That this Hon'ble Court may kindly be pleased to quash and set aside the impugned stay order dated 07.04.2025 issued by the Respondent Tahsildhar, Ramanujganj, District Balrampur- Ramanujganj, restraining the Petitioners from entering upon, using, cultivating, or constructing on the land bearing Khasra No. 57/1, as the same is arbitrary, illegal, and violative of the principles of natural justice. 10.2 That this Hon'ble Court may kindly be pleased to direct the Respondent authorities to immediately permit the Petitioners to enter upon and carry out construction or agricultural activities on the said land bearing Khasra No. 67/1, area 11.394, in view of their long-standing possession, use, and the absence of any legitimate objection to their occupation. 10.3 That this Hon'ble Court may kindly be pleased to issue any other appropriate writ, order, or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case, for the protection of the Petitioners' fundamental rights to shelter, livelihood, and peaceful possession.” 3. Learned counsel for the petitioners submits that the concerned Tehsildar has issued a notice dated 07.04.2025 by restraining the petitioner from raising construction over the land in question 3 stating that it is a government land. The concerned Tehsildar has further passed order by prohibiting the petitioner from entering into his land and doing agricultural operations till the next of hearing. The next date of hearing has been fixed to be 15.04.2025. Learned counsel for the petitioner further submits that while issuing the notice, the concerned Tehsildar has asserted the jurisdiction of the Civil Court which cannot be permitted. As such, the impugned order/notice is without jurisdiction and it is required to be quashed. 4. On the other hand, learned counsel for the respondent-State submits that it is mere a show cause notice and as such, this writ petition is not maintainable. 5. I have heard the learned counsel for the parties and also perused the material available on record. 6. Considering the facts and circumstances of this case, considering the fact that the petitioner has not been given proper opportunity of hearing before passing such an order, the concerned Tehsildar is directed to consider the case of the petitioner, seek documents in respect of his entitlement and provide him proper opportunity of hearing before passing such an order of removal or injunction and thereafter to pass appropriate orders in respect of possession of the petitioner. It is made clear that the opportunity of hearing is sacrosanct while considering the application of any persons who is having claim in house in question. It is to be adhered with in 4 accordance with law and as such, the opportunity of hearing is must in such type of cases. Accordingly, the impugned order dated 07.04.2025 is hereby quashed and the concerned Tehsildar is directed to provide proper opportunity of hearing to the petitioner and to pass appropriate orders on merits in accordance with law within an outer limit of 60 days from the date of receipt of the copy of this order. 7. This Court has not expressed any opinion on the merits of the case, the concerned Tehsildar is required to pass an appropriate order on merits in accordance with law. 8. Accordingly, the instant petition is allowed with the aforesaid observation(s) and direction(s). Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi