1 2025:CGHC:28360 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3250 of 2025 1 - Satish Kumar Yadav S/o Late Shri Heeralal Yadav Aged About 50 Years R/o Village- Surdongar, Thana And Tehsil - Keshkal, Distt.- Kondagaon (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Capital Complex, Mahanadi Bhawan, New Raipur, Atal Nagar, District- Raipur, (C.G.) 2 - Collector Kondagaon, Distt.- Kondagaon (C.G.) 3 - Sub Divisional Officer (Revenue) Keshkal, Distt.- Kondagaon (C.G.) 4 - Tahsildar Keshkal Distt.- Kondagaon (C.G.) 5 - Smt. Rukhmani Shrivastava W/o Shri Bharat Lal Shrivastava D/o Shri Chokhelal, R/o House No. 134, Ward No. 2, Harra Padav, Surdongar, Tahsil And Thana - Keshkal, Distt.- Kondagaon (C.G.) ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Sunil Sahu, Advocate For Respondent-State : Mr. Anurag Tripathi, P.L. Hon’ble Shri Arvind Kumar Verma Order on Board 27/06/2025 1. Counsel for the Petitioner prays for the following relief(s):- “(I) That, this Hon’ble Court may kindly be pleased to issue an appropriate writ commanding and directing the respondents authority to produce all relevant records for kind perusal of this Hon’ble Court. (ii) That, this Hon’ble Court may kindly be pleased to issue an appropriate writ restraining the respondents in demolishing / removing of the fencing from petitioner 2 land forcefully. (iii) That, this Hon’ble Court may kindly be pleased to direct the Tahsildar Keshkal to decide the proceedings pending before him since 23.02.2023 under Section 250 of CGLRC. (iv) That this Hon’ble Court may kindly be pleased to issue an appropriate writ commanding and directed the respondents not to disturb the possession of petitioner till the order of competent authority. (v) Any other relief, which may be suitable in the facts and circumstances of the case, may also be granted. 2. Learned counsel for the petitioner submits that the petitioner is aggrieved by the inaction on the part of the respondents specially on the part of the respondent No. 3 & 4 who have issued the notice to the petitioner on the application of the respondent No. 5 for permitting her to construct the boundary wall though the proceeding of encroachment is pending in the court of Tahsildar, no final order has been passed till the date and the respondent No. 5 is forcefully interfering in the peaceful possession of the petitioner. 3. the petitioner is challenging an illegal and unsustainable suspension order dated 04.11.2024 and the same has been upheld by the Upper Collector Raipur on 20.12.2024 in Appeal Case No. 01/Year 2024- 25 whereby the learned Upper Collector Raipur upheld the suspension order dated 04.11.2024 issued by the Sub-Divisional Officer (R ) Tilda-Neora, in respect to the functioning of Fair price shop by the petitioner at Nagar Panchayat Kharora, without considering the legal grounds and only on the basis of vague and erroneous inquiry report of the concerned Food Inspector and functioning of the fair price shop has been suspended. Therefore, it is liable to be quashed. 4. Learned counsel for respondents that with regard to the grievance of the petitioner, there is an alternative remedy is available to petitioner to file civil suit before the appropriate forum. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the submission of the State Counsel and considering the facts and circumstances of the case, this Court is of the opinion 3 that it is purely a dispute of civil nature between the petitioner and the respondent No. 5 and there is an alternative remedy is available to the petitioner, therefore I am inclined to entertain this petition. Accordingly, the present writ petition is disposed of with liberty to file civil suit before the competent Court, if he so wants. 7. Accordingly, the writ petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti