1 2025:CGHC:10094 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2792 of 2022 1 - Satyam Kumar Suyryavanshi S/o Late Purushottam Suryavanshi, Aged About 35 Years R/o. Woard No. 3, Ratanpur Tahsil Ratanpur, District Bilaspur Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Revenue Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgah. 2 - Collector, Bilaspur, District Bilaspur Chhattigarh. 3 - Sub Divisional OfÏcer, Revenue Kota,district Bilaspur Chhattisgarh. 4 - Tahsildar, Ratanpur, District Bilaspur Chhattisgarh. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.03.03 21:02:54 +0530 2 5 - Dwarika Mandloi S/o Dayaliram Suryavanshi, President Suryavanshi Samaj Ratanpur,district Bilaspur Chhattisgarh. ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Nasimuddin Ansari, Advocate. For Respondent/State: Shri Satish Gupta, Govt. Advocate For Respondent no. 5 : Shri Aman Tamboli, Advocate. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 28.02.2025 1. By the present writ petition, the petitioner is seeking quashment of order dated 04.05.2022, by which the Tehsildar has passed an order of removal of encroachment by the petitioner pursuance to the order passed by the Tehsildar on 05.11.2009. By the order dated 04.05.2022 the Tehsildar has also directed for issuance of eviction warrant against the petitioner. 2. Learned counsel for the petitioner submits that to question the impugned order dated 04.05.2022, the petitioner placed an appeal before the respondent no. 3/SDO (R) Kota, vide (Annexure P/7) but the SDO refused to accept the memo of appeal and returned back the same. 3. Learned counsel for the State would submit that if that is the case that the petitioner wish to file an appeal questioning (Annexure P/1) before the SDO vide (Annexure P/7), the petitioner may approach the SDO by filing an appeal and the SDO shall consider the appeal under Section 44 (1) of CGLRC in accordance with law within a stipulated period. 3 4. I have heard learned counsels for the parties and perused the impugned order dated 04.05.2022 by which the Tehsildar has directed for issuance of the eviction warrant pursuance to order dated 05.11.2009. The petitioner annexed a memo of appeal (Annexure P/7). As per the petitioner, the petitioner placed the appeal before the SDO, however, SDO refused to accept the same and returned back the appeal, hence it is directed that the petitioner shall approach the SDO by filing an appeal under the CGLRC within 15 days to question the eviction warrant as well as order passed against him, if so desire and if in the event of filing of any such appeal before the SDO, the SDO shall consider the appeal in accordance with law and pass necessary order on the appeal filed by the petitioner within a further period of 30 days from filing of the appeal by the petitioner. Till the disposal of the appeal i.e. for a period of 45 days, the interim order granted by this Court on 27.06.2022 shall remain operative. 5. With the aforesaid direction, the writ petition is disposed of. Sd/- (Bibhu Datta Guru) Judge Shoaib