1 2025:CGHC:33314 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3273 of 2021 1 - Ravendra @ Ravindra Tiwari S/o Late Gopi Prasad Tiwari Aged About 53 Years R/o House No. 48, Ambedkar Ward, Kondagaon, District Kondagaon Chhattisgarh., District : Kondagaon, Chhattisgarh 2 - Ramdayal Mishra S/o Late Ramswaroop Mishra Aged About 76 Years R/o House No. 256, Gayatapara, Kopabeda Ward, Kondagaon, District Kondagaon Chhattisgarh., District : Kondagaon, Chhattisgarh 3 - Mohd. Aslam Ansari S/o Shri Mohd. Qamruddin Ansari Aged About 36 Years R/o 452-B, Sargipal Para, Ward No. 15, Kondagaon District Kondagaon Chhattisgarh., District : Kondagaon, Chhattisgarh 4 - Mohd. Tarvez Ansari S/o Shri Nasir Ali Aged About 48 Years 452 Sargipal Para, Ward No. 15, Kondagaon District Kondagaon Chhattisgarh., District : Kondagaon, Chhattisgarh 5 - Hardeep Singh Ajmani C/o Shri Gurubachan Singh Ajmani Aged About 37 Years House No. 227, Kanera Road, Behind R.N.T. Hospital, Pandit Deendayal Upadhyay Ward, Kondagaon District Kondagaon Chhattisgarh., District : Kondagaon, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue Department Mahanadi Bhawan, Mantralaya New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Collector Kondagaon District Konagaon Chhattisgarh., District : Kondagaon, Chhattisgarh 3 - The Chief Municipal Officer Nagar Palika Parishad, Kondagaon, District Kondagaon Chhattisgarh., District : Kondagaon, Chhattisgarh Digitally signed by AJINKYA PANSARE Date: 2025.07.17 10:20:46 +0530 2 4 - The Tahsildar Kondagaon, District Kondagaon Chhattisgarh., District : Kondagaon, Chhattisgarh 5 - The Nazul Officer Kondagaon, Tahsil Kodagaon District Kondagaon Chhattisgarh., District : Kondagaon, Chhattisgarh ... Respondent(s) For Petitioners : Mr. R.S. Patel, Advocate For State : Ms. Shailja Shukla, Dy. G.A. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 16-07-2025 1) By way of this petition, petitioners have sought following reliefs:- 10.1 This Hon'ble Court may kindly be pleased to issue appropriate writ and direct the respondents to not disturb the possession of the petitioners till final adjudication of Revenue case no. A-20(1)- 202009201500025/124 of year 2019-20, Revenue case no. A-20(1)-295 of year 2019-20, Revenue case no. A-20(1)-202103200100034 of year 2020-21, Revenue case no. A-20(1)- 202102201500026 of year 2020-21, Revenue case no. A-20(1)-202103200100016 of year 2020-21 pending before the Nazul Officer, Kondāgāon (C.G.), in the interest of justice. 10.2 This Hon'ble Court may further be pleased to pass an appropriate order or issue writ as deemed fit under the facts and circumstances of the case. 2) Learned counsel for the petitioners submits that applications were moved by the petitioners for grant of permanent lease before Nazul Officer, Kondagaon which are pending consideration. He further submits that during pendency of those applications, 3 applications for grant of stay were moved by petitioners on the ground that they are in possession over the respective lands and their possession may not be disturbed but those applications were not considered by the Nazul Officer, therefore, this petition was filed and this Court vide order dated 12.08.2021 passed interim order in favor of petitioners. He prays for a direction to Nazul Officer, Kondagaon to decide the pending applications moved by petitioners for grant of stay as petitioners are still in possession of the subject property. 3) On the other hand, learned State counsel submits that applications moved by petitioners for grant of permanent lease are pending consideration before Nazul Officer, Kondagaon and instead of pursuing those applications, petitioners have filed this petition, therefore, this petition is not maintainable. 4) Heard learned counsel for the parties and perused the documents placed on record. 5) Petitioners moved applications for grant of permanent lease before Nazul Officer, Kondagaon and in those proceedings, applications for grant of stay were moved and when no order was passed by the Nazul Officer, petitioners approached this Court by filing this petition. In my opinion, this petition in present form is not maintainable. 6) Accordingly, this petition is hereby being disposed of reserving liberty in favor of petitioners to pursue their applications before Nazul Officer, Kondagaon. 4 7) However, as the applications for grant of stay are pending consideration before Nazul Officer, Kondagaon for quite some time, the authority concerned is directed to decide those applications within a period of 30 days from today and interim order passed by this Court dated 12.08.2021 shall remain operative during that period. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya