1 2025:CGHC:19040 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2799 of 2019 • Vishal Agrawal S/o Shri Govind Prasad Agrawal Aged About 37 Years R/o Village Pithora, Police Station And Tehsil Pithora, District : Mahasamund, Chhattisgarh ... Petitioner Versus 1. State Of Chhattisgarh Through Collector Mahasamund, District : Mahasamund, Chhattisgarh 2. Sub Divisional Officer (Revenue ) Pithora, District : Mahasamund, Chhattisgarh 3. Tehsildar Pithora, District : Mahasamund, Chhattisgarh 4. Moolchand Kotwar S/o Jhadiram Kotwar, Village Bartunga, P. H. No. 12, Rajasva Nirikshak Mandal And Tehsil - Pithora, District : Mahasamund, Chhattisgarh ... Respondents For Petitioner : Mr. Surfaraj Khan, Advocate For Respondents No. 1, 2 & 3/ State For Respondent No. 4 : : Mr. Vedant Shadangi, Panel Lawyer Mr. Raghvendra Pradhan and Mr. Vikram Pratap Chandra, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 28/04/2025 1. The petitioner has filed this petition seeking the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to issue a Suitable Writ(s), Order(s). Direction(s), by quashing the impugned order dated 29/04/2019 (Annexure P-1) and its consequences, in respect to the petitioner and to issue a suitable writ in the nature of prohibition for preventing an Digitally signed by RAMESH KUMAR VATTI 2 order/direction or decision being made, which if made, would be subject to certiorari. 10.2 That, this Hon'ble Court may kindly be pleased to call the entire records from the court below for its kind perusal. 10.3 Any other relief, which may be suitable in the facts and circumstances of the case, may also be granted.” 2. At the very outset, Mr. Raghvendra Pradhan, learned counsel appearing for respondent No. 4 and Mr. Vedant Shadangi, learned Panel Lawyer appearing for the State/respondents No. 1 to 3 would submit that the order passed by the Collector is appealable according to the provisions of Section 44 of the CG Land Revenue Code and therefore, the petition is not maintainable at all. 3. At this stage, Mr. Surfaraj Khan, learned counsel appearing for the petitioner would submit that the petitioner may be permitted to withdraw this petition, however, he may be permitted to prefer a duly constituted appeal before the Appellate Court along with an application for the grant of stay and a direction may be issued to the Appellate Authority to decide it expeditiously within a stipulated time and for the limited period, the interim order granted on 19.08.2019 may be extended. 4. Heard learned counsel for the parties. 5. Considered the submissions made by learned counsel for the petitioner as well as learned counsel for the respective respondents. The submission made by Mr. Surfaraj Khan appears to be fair and reasonable. He acceded to the fact that the order impugned is appealable before the Commissioner according to the provisions of Section 44 of the CG Land Revenue Code. Therefore, the petition is disposed of reserving liberty in favour of the petitioner to prefer an appeal before the Commissioner according to the provisions of Section 3 44 of the CG Land Revenue Code along with an application for the grant of stay. The Commissioner is directed to decide the application for the grant of stay within a period of 30 days from the date of its presentation and for a period of 60 days, the interim order granted on 19.08.2019 shall continue. 6. With the aforesaid direction(s), the petition is disposed of. 7. Certified copy of the impugned order be returned to the counsel for the petitioner after retaining its photocopy. Sd/- (Rakesh Mohan Pandey) Judge vatti