1 2025:CGHC:42100 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4543 of 2024 1 - Ajesh Mishra S/o Shri Kailashnath Mishra Aged About 55 Years R/o Bhatti Road Kedarpur P.S. And Tahsil Ambikapur District Surguja Chhattisgarh 2 - Devesh Mishra S/o Shri Kailashnath Mishra Aged About 50 Years R/o Bhatti Road Kedarpur P.S. And Tahsil Ambikapur District Surguja Chhattisgarh ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Management Mantralaya New Raipur District Raipur Chhattisgarh 2 - The Collector District Surguja Ambikapur Chhattisgarh 3 - Sub Divisional Officer (Revenue) Ambikapur, District Surguja Chhattisgarh 4 - Naib Tahsildar Ambikapur-2, District Surguja Chhattisgarh 5 - Manish Kumar Lee S/o Shri Benjamin Lee Aged About 48 Years Occu. Up Sarpanch R/o Gram Panchayat Sargawa P.S. Gandhinagarddd,d Tahsil Ambikapur District Surguja Chhattisgarh 6 - Anup Kumar Soni S/o Late Janak Prasad Soni Aged About 62 Years R/o Bramha Road Ambikapur P.S. And Tahsil Ambikapur District Surguja Chhattisgarh Digitally signed by GOPAL SINGH Date: 2025.08.22 16:30:21 +0530 2 7 - Halka Patwari Phn No. 04 Village Sargawa, R.N.M. Ajirma Tehsil Ambikapur District Surguja Chhattisgarh ... Respondents For Petitioners : Shri Shakti Raj Sinha, Advocate For State : Ms. Upasana Mehta, Deputy Government Advocate For Respondents No.5 and 6 : Ms. Nupur Trivedi, Advocate Hon’ble Shri Justice Arvind Kumar Verma Order on Board 20/08/2025 1. This petition has been filed seeking the following reliefs: “10.1 That, the respondents may kindly be directed by writ of mandamus to forthwith produce the entire records, for the perusal before this Hon’ble Court. 10.2 That this Hon’ble Court may kindly be pleased to set aside dispossession impugned order dated 27.08.2024 passed by respondent no.4 in the larger interest of justice. 10.3 That, this Hon’ble Court may kindly be pleased to restrain the respondent authorities from disturbing and demolishing the boundary wall constructed by the petitioner or encroachment of the petitioner situated at land bearing Khasra No. 799 and 825 at Village Sargawa Tehsil Ambikapur District Surguja (C.G.) in the larger interest of justice. 10.4 Any other relief(s) that this Hon’ble Court may deem fit to grant in the interest of justice.” 3 2. Looking to the grievance of the petitioners, particularly, that against the order of the Tahsildar under Section 248 of the Chhattisgarh Land Revenue Code, 1959 (for short ‘the LR Code’) they filed a duly constituted appeal under Section 44(1) of the LR Code and the appeal was accepted by the concerned office clerk, however, later on, the appeal was returned back to the petitioners without assigning any reason, this Court directs that the petitioners may file a fresh appeal before the concerned Sub Divisional Officer (Revenue)/respondent No.3 within 15 days from the date of this order and in turn the concerned Sub Divisional Officer (Revenue) shall decide the appeal expeditiously in accordance with law/rules/regulations on its own merits. Meanwhile, no coercive action shall be taken against the petitioners. 3. With the aforesaid observations and directions, the writ petition is disposed of. Sd/- (Arvind Kumar Verma) JUDGE Gopal