1 2025:CGHC:22330 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2681 of 2025 1. Md. Suhail Alam S/o Late Gulam Rasul, Aged About 45 Years, R/o Ward No. 11 Kusmi, Police Station- Kusmi, Tehsil- Samri, Distt.- Balrampur-Ramanujganj (C.G.) ... Petitioner versus 1. State Of Chhattisgarh Through Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Nawa Raipur, District Raipur, (C.G.). 2. Collector District- Balrampur-Ramanujganj (C.G.). 3. Sub Divisional Officer (R) Sub Division- Kusmi, District Balrampur-Ramanujganj (C.G.). 4. Tehsildar Tehsil- Samri, District Balrampur- Ramanujganj (C.G.). 5. Chief Municipal Officer Nagar Panchayat Kusmi, District Balrampur- Ramanujganj (C.G.). 6. Station House Officer Police Station- Kusmi, District Balrampur-Ramanujganj (C.G.) ... Respondents For Petitioner : Mr. Gagan Pandey, Advocate. For State : Mr. Rahul Tamaskar, G.A. Hon'ble Shri Justice Parth Prateem Sahu Order on Board 27.05.2025 SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.05.27 17:19:23 +0530 2 1. At the very outset, learned counsel for the petitioner submits that he is not pressing the relief as prayed for in para 10.1, however, his grievance is with respect to the relief as prayed in para 10.2. 2. Learned counsel for the petitioner submits that the petitioner is owner of the land bearing khasra No. 245/10 situated at village Kusmi, PH No.6, Revenue Inspector Circle-Kusmi, Tahsil-Samri, District-Balrampur-Ramanujganj. Initially, The petitioner was allotted a shop in 2008 constructed by the respondent No. 5, in which, the petitioner was doing the business of sale of auto- parts. Subsequently, the respondent No. 5 has issued a notice for vacating the said shop, upon which, the petitioner has agreed to vacate the shop and the shop was also vacated. After vacating the shop by the petitioner, the respondent No. 5 has started the proceedings for construction of the shopping complex on the said land including the private ownership land of the petitioner. The grievance of the petitioner is that the respondent No. 5 cannot raise any construction over the private ownership land of the petitioner without following due process of law. Aggrieved with the action of respondent No. 5, the petitioner has also submitted an application under Section 129 of C.G. Land Revenue Code for demarcation of the land which is pending before the Tahsildar-Samri, District-Balrampur- Ramanujganj. However, till date no order has been passed on the said application. 3 3. Learned counsel for the State submits that the application has been filed only on 15.05.2025. If the application is still pending consideration before the competent Authority, appropriate orders will be passed in accordance with law. 4. I have heard learned counsel for the parties. 5. The main grievance of the petitioner is that the respondent No. 5 is about to raise construction over the private ownership land of the petitioner bearing khasra No. 245/10 situated at village Kusmi along with the other lands, without following due process of law or acquiring the land owned by the petitioner. Annexure- P/6 is an application filed under Section 129 of Land Revenue Code before the Tahsildar-Samri, District-Balrampur- Ramanuganj. As stated by counsel for the petitioner, no proceedings has been initiated/order has been passed by the respondent No. 4 on the application submitted by the petitioner under Section 129 of CGLRC. 6. In the aforementioned facts of the case, the writ petition at this stage is disposed of directing the respondent No. 4 to consider and take decision on the application filed by the petitioner under Section 129 CGLRC within a period of three weeks from the date of receipt of the copy of order passed by this Court. Till the respondent No. 4 passes an order on the application under Section 129 CGLRC filed by the petitioner, it is directed that the parties shall maintain status-quo as it exists today with respect 4 to the land owned by the petitioner bearing khasra No. No. 245/10. 7. I.A. No. 02, which is an application for urgent hearing and I.A. No. 03, which is an application for hearing during summer vacation are disposed off. CC today Sd/- (Parth Prateem Sahu) Judge Sourabh P.