1 / 4 2025:CGHC:24249 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2962 of 2025 1 - Munna Baghel S/o Late Mangal Baghel Aged About 60 Years Caste- Dhurwa (ST), R/o Village- Kangoli, Tahsil- Jagdalpur, District- Bastar (C.G.) 2 - Suyash Kumar Nag S/o Sudhoo Ram Nag Aged About 36 Years R/o Ganga Nagar Ward Geedam Road Jagdalpur Distt. Bastar C.G. 3 - Shant Kumar Josaf S/o Lok Nath Josaf Aged About 45 Years R/o House No. 23 Charch Para Nalpawand Distt. Bastar C.G. ... Petitioners versus 1 - State of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mantralaya Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District- Raipur (C.G.) 2 - The Commissioner Bastar Division, Jagdalpur (C.G.) 3 - The Collector Jagdalpur, District- Bastar (C.G.) 4 - Sub-Divisional Officer (Revenue) Jagdalpur, District- Bastar (C.G.) 5 - Tahsildar Tahsil- Jagdalpur, District- Bastar (C.G.) 6 - The Superintendent of Police Jagdalpur Distt. Bastar C.G. 7 - The SHO Police Station Parpa Distt. Bastar C.G. 8 - Smt. Sakuntala Sinha W/o Late Ashok Kumar Sinha Aged About 50 Years R/o Akash Nagar, Shanti Nagar Ward, Jagdalpur, District- Bastar (C.G.) 9 - Manish Sinha S/o Late Ashok Kumar Sinha Aged About 27 Years R/o Akash Nagar, Shanti Nagar Ward, Jagdalpur, District- Bastar (C.G.) ... Respondents ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.06.18 14:16:03 +0530 2 / 4 For Petitioners : Mr. Vikash A. Shrivastava, Advocate For State : Mr. Satish Gupta, GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 16/06/2025 1. By way of the instant petition, the petitioner is challenging the illegal and arbitrary action taken by Respondent No.5 for fencing the filed of the petitioners with wire without issuance of any notice to the petitioners. 2. The brief facts as projected by the petitioners are that the land bearing Khasra Nos.13, 36, 103, 69, 12/5, area 4.42, 0.56, 0.65, 2.30, 6.93, respectively, total area 8.16 acre are the ancestral properties of the petitioner and as per the revenue record of the year 1935-36, the aforesaid lands were recorded in the name of the petitioner’s grandfather namely Jaisingh Dhurwa. In the year 2024 Petitioner No.1 sold some land to the petitioner No.2 & 3 and thereafter Petitioner No.2 & 3 remained in possession of the said land. The grievance of the petitioners is that Respondents No.6 & 7 have been trying to possess the petitioner’s land by removing the petitioner and the petitioners have made written complaint to the Collector, Tehsildar and Superintendent of Police and on 09/01/2023 the petitioner made a written complaint to the Commissioner, Division Bastar wherein the Commissioner has issued a memo dated 10/01/2023 directing the Collector to conduct inquiry in the matter, however, the Collector has not conducted any inquiry and 3 / 4 Respondent No.6 got transferred petitioner’s lands in her name fraudulently in connivance with revenue officers by order dated 30/12/2024 in Revenue Case No.20401150600021/A-70/2023-24. 3. On 10/02/2025 the petitioner has filed a civil suit before the Fourth Civil Judge Class-II, Jagdalpur, District Bastar for declaration of title of the suit land, permanent injunction and quashment of the order dated 30/12/2024 passed by the Tahsildar, Jagdalpur, District Bastar, C.G. which is pending and during pendency of the suit, the Respondent No.5 has passed the eviction order with respect to the petitioner against the petitioners. Hence this petition. 4. Learned counsel for the petitioners would submit that the petitioners belong to Dhurwa Caste which is a Scheduled Tribe Category and Respondent No.6 does not belong to tribal Community then how she can get the land in question mutated in her name without the permission of the Collector. He would next contend that Respondent No.5 without giving any opportunity of hearing to the petitioners fenced the field of the Petitioner No.2 and 03 which is contrary to the principles of natural justice. 5. Per contra, learned State counsel would submit that as on date no stay order operates in favour of the petitioner and the instant petition is liable to be dismissed. 6. I have heard learned counsel for the parties and perused the documents available on record. 4 / 4 7. Earlier the petitioner No.1 has filed a writ petition bearing WPC No.1428 of 2025 wherein this Court has disposed of the said writ petition by order dated 04th of April, 2025 and it has been observed that since the petitioner has already filed a Civil Suit which is pending bearing Civil Suit No.19-A/2025 before the learned 4th Civil Judge Class-II, Jagdalpur, District Bastar, C.G. The petitioner is directed to pursue his remedy in Civil Suit, in accordance with law and to file appropriate application seeking injuction. 8. Learned counsel for the petitioner fairly admitted that he has filed an application under Order 39 Rule 3 and under Order 39 Rule 1 & 2 read with Section 151 CPC before the 04th Civil Judge, Class-II, Jagdalpur, District Bastar, however, these applications have not been decided by the trial Court till date and the Tehsildar is trying to dispossess the petitioner from the suit land by illegal and arbitrary manner. 9. Be that as it may, since this Court has already directed the petitioner to pursue the remedy in Civil Suit, therefore, the trial Court is directed to decide the applications filed by the petitioners under Order 39 Rule 3 and under Order 39 Rule 1 & 2 read with Section 151 CPC, expeditiously, as early as possible. 10. With the above observation, the present writ petition is disposed of. SD/- (Arvind Kumar Verma) JUDGE ashu