1 2025:CGHC:25197 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2989 of 2025 1 - Smt. Afsana Khairani W/o Firdoush Khairani Aged About 39 Years R/o Ward No. 9 Infront Of Old Gate Of Police Station Bazar Para, Basna District - Mahasamund (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue, Mantralaya Mahanadi Bhawan Atal Nagar Nawa Raipur, District - Raipur (C.G.) 2 - Collector Mahasamund District - Mahasamund (C.G.) 3 - Sub Divisional Officer (Revenue) Tahsil Basna District - Mahasamund (C.G.) 4 - Tahsildar Tahsil Basna, District - Mahasamund (C.G.) 5 - Chief Municipal Officer Nagar Panchayat Basna, District - Mahasamund (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Shikhar Sharma, Advocate For Respondent(s) : Mr. Satish Gupta, G.A. Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 18/06/2025 1. With the consent of the parties, the present writ petition is heard finally. 2. The present petition is filed by the petitioner praying for the following 2 relief(s): “10.1 That, this Hon'ble Court may kindly be pleased to set-aside/quash the impugned order dated 26-05-2025 (Annexure P-1). 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities not to disturb the peaceful possession of the petitioner and allow her to do business in the said shop. 10.2 That, any appropriate writ, direction or order may also kindly be passed in favour of the petitioner, which this Hon’ble court deems fit in the circumstances of the case.” 3. The petitioner is challenging the order dated 26-05-2025 (Annexure P-1) passed by the respondent No.4, whereby the respondent No.4 ordered for the dispossession of petitioner from the said land and imposed penalty of Rs.500/- and also directed the petitioner to remove her possession before 04-06-2025 or the respondent authorities will take action for forceful removal of petitioner from that land, hence this petition. It is also submitted by the petitioner that information about the passing of the said order was given to the petitioner on 12-06-2025 and it was instructed him to remove his possession till 13-06-2025, whereas no proper opportunity was granted to the petitioner, even during the proceeding of the case and even now no opportunity is being given to him to file appeal against the impugned order. 4. Learned counsel for the petitioner submits that since the ex-parte order 3 was passed against the petitioner. The passing of order dated 26-05-2025 was not within the knowledge of petitioner and the respondent No.4 issued notice stating it to be final notice on 29-05-2025, in which the respondent No.4 informed about the passing of order dated 26-05-2025 and it is also important to note that the said notice was supplied to the petitioner on 12-06-2025 and after getting the said notice, the petitioner got to know about the passing of impugned order dated 26-05-2025, whereas the petitioner was orally informed to remove her possession on the same date i.e. on 12-06-2025 or the respondent authorities will demolish the shop of petitioner on 13-06-2025, which is arbitrary and illegal and against the natural law and justice. 5. Learned State Counsel submits that the petitioner has an alternate remedy under Section 44 of the C.G. Land Revenue Code, 1959. On this ground alone, the petition deserves to be dismissed. 6. I have heard learned counsel for the respective parties and perused the record with utmost circumspection. 7. It is an admitted fact that the proceedings under Section 248 of the Chhattisgarh Land Revenue Code, 1959 has been completed against the Petitioner and the Tehsildar Basna, District- Mahasamund (C.G.) has passed the order on 26.05.2025 dispossessing the petitioner from the said land and imposed the penalty of Rs. 500/-. As pointed out by the State Counsel, the petitioner has an alternate remedy under Section 44 of the Chhattisgarh Land Revenue Code, 1959. 8. Therefore, the petitioner is directed to file an appeal under Section 44 of the Chhattisgarh Land Revenue Code, 1959 against the order dated 4 26.05.2025 passed by the Tehsildar Basna, District- Mahasamund (C.G.) within a period of 7 days from the date of passing of this order. Meanwhile, if the respondent authorities have not taken any step, no coercive action shall be taken against the petitioner for the above period i.e., 7 days from the date of order. 9. Accordingly, the present petition is disposed of. SD/- (Arvind Kumar Verma) JUDGE Madhurima