1 2025:CGHC:2935 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3368 of 2024 1 - Rav Charan Nirmalkar S/o Shri Kanval Singh Nirmalkar Aged About 64 Years R/o. Village Uparvara, Tahsil Abhanpur, District Raipur (C.G.). Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Urban Administration And Development, Atal Nagar, Naya Raipur, District Raipur (C.G.). 2 - Naya Raipur Development Authority Through The Chief Executive Officer, Naya Raipur Development Authority Mantralay Near Mahanadi Bhawan Naya Raipur, District Raipur (C.G.). 3 - Assistant Manager (Land) Naya Raipur Atal Nagar Development Authority, Atal Nagar Raipur, District Raipur (C.G.) 4 - Collector Raipur District Raipur (C.G.) Respondent(s) AND WPC No. 3399 of 2024 1 - Deepak Chandrakar S/o Shri N.K. Chandrakar Aged About 54 Years R/o Village - Uparvara, Tahsil Abhanpur, District - Raipur, Chhattisgarh. Petitioner(s) RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.01.17 18:44:33 +0530 2 Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Urban Administration And Development, Atal Nagar, Naya Raipur, District - Raipur, Chhattisgarh. 2 - Naya Raipur Development Authority Through The Chief Executive Officer, Naya Raipur, Development Authority Mantralaya Near Mahanadi Bhawan Naya Raipur, District - Raipur, Chhattisgarh. 3 - Assistant Manager (Land), Naya Raipur, Development Authority, Atal Naya Raipur, District - Raipur, Chhattisgarh. 4 - Collector Raipur, District - Raipur, Chhattisgarh. Respondent(s) For Petitioner(s) : Mr. Jeet Ram Patel, Advodcate For State : Mr. Satish Gupta, Govt. Advocate For Resp. No. 2 & 3 : Mr. Anumeh Shrivastava, Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 16/01/2025 1. Since, same issues involve in both the writ petitions, therefore, they are being heard together and common order is being passed in both the writ petitions. 2. By the present writ petitions, the petitioners are seeking quashment of eviction warrant dated 03/06/2024 issued by the Assistant Manager (Land) Naya Raipur, Atal Nagar Development Authority/Respondent No.3 (hereinafter referred to as ‘Respondent No.3’). 3. Learned counsel for the petitioners submit that respondent No.3 has not been empowered to exercise the power conferred under Section 248 of the Chhattisgarh Land Revenue Code, 1959 3 (hereinafter referred to as ‘the Code, 1959’). However, by exercising the power under Section 248 of the Code, 1959 passed the order and the eviction warrant has been issued for removal of the land encroachment. 4. Learned counsel for the respondent/State as well as for NRDA, by referring to Annexure-R-2/1 would submit that Respondent No.3 has been authorized and notified in the Gazette notification dated 11/09/2007 to exercise the power conferred under Section 248 of the Code, 1959 and by exercising such power, respondent No.3 has passed the order dated 27/02/2024 which is appellable order and can be assailed by filing an appeal under Section 44 of the Code, 1959 before the Collector, therefore, this petition is not maintainable. 5. I have heard learned counsel for the parties and perused the documents annexed with the writ petitions. 6. In view of the contention made by the learned counsel for the respondents, counsel appearing for the petitioner seeks permission to withdraw these writ petitions to approach before the Appellate Authority to question the order dated 27/02/2024. 7. In view of the above, both the writ petitions are disposed of as withdrawn with the liberty granted in favour of the petitioners to avail remedy available under the Code, 1959 to question the order dated 27/02/2024 passed by the NRDA. If the appeal is preferred by the petitioners before the Appellate Authority under 4 the Code, 1959, the petitioners shall not be evicted from the subject premises for a period of seven days. Sd/- (BIBHU DATTA GURU) JUDGE Rahul