1 2025:CGHC:37833 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4046 of 2025 Trilochan Das S/o Late Jhitku Das, Aged About 58 Years By Caste Panika, R/o. Village - Kewali, P/ S And Tahsil Kharsia, District Raigarh (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - Secretary, Department Of Revenue, Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District - Raipur (C.G.) 2 - Collector, District Raigarh (C.G.) 3 - Sub Divisional Officer (R), Kharsia, District Raigarh (C.G.) 4 - Tehsildar, Tahsil Kharsia, District Raigarh (C.G.) 5 - Banshi Ram, S/o. Sukdev, Aged About 47 Years By Caste Kanvar, R/o. Village Kewali, Tahsil Kharsia, District Raigarh (C.G.) 6 - Dhani Ram, S/o. Leela Ram Ravat, Caste Rawat, R/o. Village Kewali, Tahsil Kharsia, District Raigarh (C.G.) --- Respondent(s) ---------------------------------------------------------------------------------------- For Petitioner : Mr. Jeet Ram Patel, Advocate For Respondent-State : Mr. Soumitra Kesharwani, PL --------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 01.08.2025 2 1. Default pointed out by the Registry is dropped. 2. The present petition is filed by the petitioners with following relief(s): “10.1 That, this Hon'ble Court may kindly be pleased to direct the concerned respondents to comply the order dated 20.12.2016, passed in Rev. Case No. 04/A-70/2012-13, whereby allowed the application of petitioner u/s 250 of C.G.L.R.C. and directed to evict the private respondents, within stipulated time, in the interest of justice. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authority in compliance of the order dated 20.12.2016 the possession of petitioner of suit land be restored, within stipulated time, in the interest of justice. 10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of the petition may be given. 3. Learned counsel for the petitioner submits that the petitioner was filed application under section 250 Chhattisgarh Land Revenue Code, on 24.09.2012 before the respondent no. 4, and prayed before the Learned court that his entitled and possession land bearing Khasra No. 761 area 0.146 Hectare situated at village Kewali Tahsil Kharsia, in which out of 12 decimal land the private respondents digging the foundation and erecting a wall the intention of constructed a house. The case was started when the petitioner submitted an application u/s 250 CGLRS and prayed to stay the construction work. He further contended the case was 3 registered and an stay order was issued and an inquiry report was taken from the concerned revenue inspector, according to him private respondents were illegally possession on the part of applied land and they constructed a house and a shed and some part of prayed land used being a road also. On 20.12.2016 respondent no. 4 has removed the private respondents from the concerned land and ordered to be returned such land to the petitioner. Even the Halka Patwari was directed to submit a compliance report and an eviction warrant should be issued to remove the illegal possession done by the private respondents. That, the respondent no. 4 has issued many time eviction warrant to the private respondents to compliance the order dated 20.12.2016, but till date the possession of the land of the petitioner has not been restored. That the private respondents were made appeal which has also rejected, and on 29.03.2023 the petitioner also submitted application before the respondent no. 3 to comply the order dated 20.12.2016 and evict the private respondents, but the private respondents are still in possession of suit land. Hence, this petition. 4. Learned State counsel has no objection if the concerned respondent shall direct to expedite the proceedings of execution after hearing all the concerns of the petitioner. 5. I have heard learned counsel for the parties and perused the record with utmost circumspection. 6. Considering facts of the case, submissions of counsel for the respective 4 parties, this writ petition is disposed of directing to the concerned Nayab Tahsildar/Tahsildar to expedite the proceeding of execution after hearing of all the concerns as expeditiously as possible as per relevant rules, regulations and law. 7. It is made clear that this Court has not expressed any opinion on the merits of the case and the authorities shall not be prejudiced by any observation made by this Court and shall decide the case of the petitioner on its own merits. 8. Accordingly, the instant petition is disposed of. Sd/- (Arvind Kumar Verma) JUDGE Vasant