Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:32905
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3680 of 2025 Smt. Kachari Bai Sahu Wd/o Late Shri Kanhaiya Lal Sahu Aged About 60 Years R/o Bti Road, Near Forest Training Center Mahasamund Ward No. 29, Thana Tahsil And Distt- Mahasamund (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department Capital Complex Mahanadi Bhawan Atal Nagar New Raipur District Raipur (C.G.) 2 - Collector Mahasamund Distt- Mahasamund (C.G.) 3 - Sub Divisional Officer (Revenue) Mahasamund Distt- Mahasamund (C.G.) 4 - Tahsildar Mahasamund Distt- Mahasamund (C.G.) 5 - Chief Municipal Officer Municipal Council Mahasamund Distt- Mahasamund (C.G.)
---- Respondents For Petitioner : Mr. Sunil Sahu, Advocate For State/Respondents No.1 to 4 : Mr. Satish Gupta, GA
2 Hon'ble Shri Justice Arvind Kumar Verma
Order on Board 15/07/2025 Heard.
1. The petitioner has been filed this writ petition on the following relief(s) :
“10.1. That, this Hon'ble Court may kindly be pleased to issue an appropriate writ by quashing the impugned notice of dispossession dated 11.07.2025 (Annexure P-1) passed by the respondent No. 4 which relates to dispossession and demolition of petitioner's House. 10.2 That this Hon'ble court may kindly be please to appropriate writ directing commanding the respondent state and its authority to provide the benefits of rehabilitation policy to the petitioner. 10.3 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 contended that the petitioner is aggrieved by the impugned dispossession notice dated 11.07.2025 (Annexure P-1) passed by the Tahsildar, Mahasamund, District Mahasamund (C.G.), which was affixed in the house of the petitioner on 11.07.2025 and a direction has been issued to hand-over the vacant possession of the land of Khasra no. 102/5 Area 1464 Sq. ft. and given only 02 days time to her. He further contended that presently, rainy
3 season is going on and the petitioner has no other residence to survive her life with family, therefore, it is prayed that the impugned notice (Annexure P-1) may be set aside.
3. Learned counsel for the State opposes the submission made by learned counsel for the petitioner and contended that the petitioner has alternative remedy, therefore, this petition is not maintainable.
4. I have heard learned counsel for the parties and perused the record with utmost circumspection.
5. Considering the facts and circumstances of the case and submission made by learned counsel for the parties, further considering the fact that on 11.07.2025 (Friday), impugned notice dated 11.07.2025 (Annexure P-1) has been issued to the petitioner by the Tahsildar under Section 248 of the Chhattisgarh Land Revenue Code, 1959 to dispossess from the illegal possession on the subject land bearing khasra No.102/5, rakba 1464 sq.ft. within two days.
6. In view of the above, the petitioner is permitted to file an appeal before the concerned Sub-Divisional Officer (Revenue) according to provisions of Section 44(a) of the Chhattisgarh Land Revenue Code, 1959 within 15 days from today and in-turn the concerned SDO (R) shall consider and decide the same as soon as possible as per rules, regulations and law. Till then, no coercive action shall be taken against the petitioner with regard to dispossess from the subject land.
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7. Accordingly, the instant petition is disposed of. C.C. Today. Sd/-
(Arvind Kumar Verma) Judge Vasant