1 2025:CGHC:27965 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3195 of 2025 1 - Rabel Singh Ghritlahare S/o Shri Rai Singh Ghritlahare Aged About 53 Years Occupation - Agriculture, R/o Village - Charanitola, Tehsil - Lormi, District - Mungeli (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Naya Raipur (C.G.) - 492002 2 - Collector Mungeli, District - Mungeli (C.G.) 3 - The Sub-Divisional Officer (Revenue) Lormi, District - Mungeli (C.G.) - 495115 4 - Naib Tehsildar Lormi, District - Mungeli (C.G.) - 495115 5 - Sushil Kumar @ Guddu Ghritlahare S/o Late Sundarlal Ghritlahare R/o Village - Charanitola, Tehsil - Lormi, District - Mungeli (C.G.) - 495115 ... Respondent(s) For Petitioner(s) : Mr. Shrikant Kaushik, Advocate For Respondent(s) : Mr. Rishabh Bisen, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 26/06/2025 1. With the consent of the parties, the present petition is heard finally. 2. The present petition is filed by the petitioner praying for the following relief(s): “10.1 That this Hon’ble Court may kindly be pleased to 2 direct the respondent no. 3 to decide the pending Revenue Appeal, in which the order dated 23.05.2025 passed by the Naib Tehsildar, Lormi was stayed vide order dated 06.06.2025 bythe Sub-Divisional Officer (Revenue), Lormi whereby status quo was directed without issuing notice to or hearing the petitioner, in a time-bound manner, preferably within such period as may be deemed just and proper by this Hon’ble Court. 10.2 That, this Hon’ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 3. Brief facts of the case is that the petitioner is a permanent resident of Village Charanitola, Tehsil Lormi, District- Mungeli (C.G.) is aggrieved by the stay order dated 06.06.2025 passed by the Sub-Divisional Officer (Revenue) Lormi, which has the effect of stalling the execution of a lawful and reasoned order dated 23.05.2025 passed by the Naib Tehsildar, Lormi directing removal of encroachment from government land bearing Khasra No. 26/1, Rakba 1.9630 hectares, recorded as Charagah (grazing land) in the name of the State Government. The petitioner had instituted Revenue Case under Section 248 of the C.G. Land Revenue Code, 1959 seeking removal of illegal encroachment committed by the respondent Sushil Kumar @ Guddu Ghritlahre, who had fenced off approximately 0.21 acres of the said government land and was engaged in illegal construction. Naib Tehsildar passed the final order under Section 250 of the Code, directing removal of encroachment within one week and authorizing forcible eviction in case of non-compliance. The respondent filed an appeal under Section 44(1) before the SDO (Revenue), Lormi along with an application under Section 52(2) and obtained an ex-parte stay order dated 06.06.2025 without issuance of notice or hearing of the petitioner. 4. Learned counsel for the petitioner submits that the stay order dated 06.06.2025 3 passed by the SDO (Revenue), Lormi has the effect of stalling the implementation of a valid and reasoned order passed by the competent authority for removal of illegal encroachment over government land. The petitioner had lawfully instituted a revenue case before the Court of Naib Tehsildar, Lormi under Section 248 of C.G. Land Revenue Code, 1959. Naib Tehsildar passed the final order under Section 250 of the Code, directing removal of encroachment within one week and authorizing forcible eviction in case of non-compliance. The respondent filed an appeal under Section 44(1) before the SDO (Revenue), Lormi along with an application under Section 52(2) and obtained an ex-parte stay order dated 06.06.2025 without issuance of notice or hearing of the petitioner. 5. Learned State Counsel submits that against the order passed by the SDO (Revenue), Lormi the petitioner shall approach before the appropriate forum. 6. I have heard learned counsel for the respective parties and perused the record with utmost circumspection. 7. Perusal of record shows that the petitioner had lawfully instituted a revenue case before the Court of Naib Tehsildar, Lormi under Section 248 of C.G. Land Revenue Code, 1959. Naib Tehsildar passed the final order under Section 250 of the Code, directing removal of encroachment within one week and authorizing forcible eviction in case of non-compliance. The respondent filed an appeal under Section 44(1) before the SDO (Revenue), Lormi along with an application under Section 52(2) and obtained an ex-parte stay order dated 06.06.2025. 8. Looking to the above facts and circumstances of the case, this Court observed that the alternate remedy is available to the petitioner. The petitioner may file an appeal before the Revenue authority, if so desire. 9. With the aforesaid observation, the present petition stands dismissed. SD/- (Arvind Kumar Verma) JUDGE Madhurima