1 2025:CGHC:35708 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3867 of 2025 1 - Joseph Tirkey S/o Shri Abraham Tirkey Aged About 40 Years R/o Gangapur Khur, Nalapara, Ambikapur, District Surguja C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Naya Raipur, District- Raipur C.G. 2 - District Collector, Surguja, District Surguja C.G. 3 - Sub Divisional Officer (Revenue), Ambikapur, District- Surguja C.G. 4 - Tahsildar Nazul, Ambikapur, District- Surguja C.G. 5 - Commissioner, Municipal Corporation, Ambikapur, District- Surguja C.G. ... Respondent(s) For Petitioner(s) : Mr. Ashish Beck, Advocate For Respondent/State For Respondent No. 5 : : Ms. Poorva Tiwari, Panel Lawyer Mr. Anuj Kumar Pandey on behalf of Mr. Bhupendra Singh, Advocate Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 24/07/2025 1. By way of the present petition the petitioner is seeking the following reliefs: “10.1 That, the Hon’ble Court may kindly be 2 pleased to issue writ of Certiorari and quash the impugned Eviction Notice dated 04.04.2025 (Annexure P/1). 10.2 The Hon’ble Court may pass any other order/direction which it deems fit and proper in the facts and circumstances of the case.” 2. Learned counsel for the petitioner submits that the petitioner is a landless person belonging to Scheduled Tribe category. He and his family has constructed residential house in government land situated in Gangapur Khurd, Ambikapur. When the petitioner initially occupied and constructed Kachcha House on the land, then it was a rural area belonging to Gram Panchayat and the petitioner was granted permission by the Gram Panchayat to construct the residential house. Later on the Village was included in Municipal Corporation Ambikapur and the petitioner has been paying tax and other dues to the authorities regularly. The petitioner has been issued impugned letter for eviction dated 04.04.2025 which was served to him by pasting the notice on the door of his house as the family was away and the door was locked. The impugned letter dated 04.04.2025 directs the petiitoner to give up his possession of land by 08.04.2025 or else the authorities will forcefully dispossess him from occupation and possession of his residential house. The impugned eviction letter dated 04.04.2025 has been issued by the Tehsildar (Nazul) without any jurisdiction. 3. Learned counsel for the State submits that the petitioner has an alternate remedy available to him. He may prefer an appeal against the order of 3 the Tehsildar before the SDO (Revenue). 4. I have heard learned counsel for the respective parties at length and perused the record with utmost circumspection. 5. Perusal of record prima facie shows that on 02.10.2010 the petitioner was granted permission cum No Objection letter by the Gram Sabha, Village Gangapur for construction of residential house in Gagapur Khurd. On the same day i.e. on 02.10.2010, the petitioner deposited Rs. 2000/- to the Gram Panchayat Bishnupur. Earlier Village Gangapur Khurd was part of Gram Panchayat but in the year 2013-14 it has been included in Municipal Corporation Ambikapur. In 2016, the Tehsildar issued notice under Section 248 of C.G. Land Revenue Code, 1959 to the wife of petitioner in Revenue Case No. 78/A-68/2015-16 terming the occupation and possession of land and residential house as illegal encroachment and imposed a fine of Rs. 2000/- and the same was deposited by the wife of the petitioner. On 06.05.2017, the petitioner deposited an amount of Rs. 4020/- as payment of Consolidated Tax and Property Tax to the Municipal Corporation from year 2013-14 to 2016- 17. In the year 2020 the Tehsildar, Ambikapur again initiated revenue proceedings under Section 248 of C.G. Land Revenue Code against the petitioner which was registered as Revenue Case No. 16/A-68/2019-20 and imposed a fine of Rs. 10,000/-. Now on 20.03.2025, the petitioner was again issued show-cause notice by respondent no. 4 with regard to occupation of land and house constructed on Government land in Gangapur Khurd, Khasra No. 1/1 admeasuring 56.84 sq. meter. Again on 04.04.2025, the respondent no. 4 issued impugned Eviction Notice to the 4 petitioner. 6. Therefore, considering the facts and circumstances of the case, submissions of the counsels, the petitioner is directed to prefer an appeal against the impugned Eviction Notice before the Sub-Divisional Officer (Revenue) under Section 44(1) of the C.G. Land Revenue Code, 1959 within a period of 15 days and the SDO (R) is directed to decide the appeal expeditiously as soon as possible in an objective manner after giving sufficient opportunity of hearing to the petitioner. 7. It is further directed that, purely as an interim measure, the respondent authorities shall not take any coercive step against the petitioner for the aforesaid period of 15 days. 8. With the aforesaid direction, the petition is disposed of. Sd/- (Arvind Kumar Verma) JUDGE Madhurima