1 2025:CGHC:35331 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3748 of 2025 1 - Sadhu Ram S/o Late Mansay Aged About 60 Years R/o Village- Latori (Bhandarpara), Police Chowki- Latori, District Surajpur C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, P.O. And P.S. Naya Raipur, District Raipur C.G. 2 - Collector, Surajpur, District Surajpur C.G. 3 - Sub-Division Officer (Revenue), Surajpur, District Surajpur C.G. 4 - Tahsildar, Latori, District Surajpur C.G. 5 - Naib Tahsildar, Latori, District Surajpur C.G. 6 - Mahendra Rajak S/o Late Mansai Aged About 50 Years R/o Village Latori, Police Out Post Latori, District Surajpur C.G. ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. V.K. Pandey, Advocate For Respondent : Ms. Akanksha Verma Dabhadker, P.L. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 23/07/2025 1. The present writ petition has been filed seeking following relief(s);- 10.1 This Hon’ble Court may kindly be issued to issue notice to the respondents returnable within early date of hearing. 10.2 This Hon’ble Court may kindly be issued to set aside Digitally signed by JYOTI JHA Date: 2025.07.24 12:01:25 +0530 2 the impugned notice dated 11.07.2025 vide Annexure P-1 issued by the respondent No. 4 & 5. 10.3 This Hon’ble Court may kindly be pleased to direct the respondent No. 4 & 5 not to demolish the shop of the petitioner before arrangement or providing other alternative land to the petitioner. 10.4 This Hon’ble Court may kindly be pleased to direct the respondent No. 2 to 5 to consider the claim of the petitioner for allotment of the land or house within stipulated period in accordance with law. 10.5 This Hon’ble Court may kindly be granted any other relief/order/direction in favour of petitioner, which deemed fit & proper in the facts and circumstances of the case, in the interest of justice. 2. The petitioner is a landless person who is residing in the house along with his family members constructing the same on the government land since last about more than 30 years, but all of a sudden on a basis of a complaint made by the respondent No. 6, the respondent No. 4 & 5 has issued the impugned notice on 11.07.2025, whereby directing the petitioner to remove the encroachment, therefore he prays for quashment of the impugned order. 3. Learned counsel for respondents that with regard to the grievance of the petitioner, there is an alternative remedy is available to petitioner to file appeal under Section 44(1) of CG Land Revenue Code 1959. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the submission of the respondents and considering the facts and circumstances of the case, this Court is of the opinion that there is an alternative remedy is available to the petitioner under Section 44(1) of the CG Land Revenue Code 3 1959. The petitioner is directed to file fresh application before the concerned authorities within 15 days from the date of receipt of copy of this order and in turn the respondent-authorities shall decide the same as expeditiously as possible in accordance with law. 6. Till the application of the petition is decided and looking to the rainy season, no coercive steps shall be taken against the petitioner, if already not taken. 7. Accordingly, the present writ petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti