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2025 DAILYLAW 37075 (CHH)

PREMLAL KAUSHIK v. STATE OF CHHATTISGARH

WPC/3902/2025 · 2025-07-22

Shri Arvind Kumar Verma

Public Interest Litigationbody2025

Judgment text

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1 2025:CGHC:35624 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3902 of 2025 1 - Premlal Kaushik S/o Hari Kaushik Aged About 60 Years R/o Village- Semariya, Tahsil - Sahaspur Lohara, District- Kabirdham (C.G.) 2 - Takeshwar Kaushik S/o Premlal Kaushik Aged About 42 Years R/o Village- Semariya, Tahsil - Sahaspur Lohara, District- Kabirdham (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Urban Administration And Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 2 - Collector Kabirdham District- Kabirdham (C.G.) 3 - Sub-Divisional Officer Kabirdham, District- Kabirdham (C.G.) 4 - Tahsildar Tahsil - Sahaspur Lohara, District- Kabirdham (C.G.) 5 - Nayab Tahsildar Sahaspur Lohara, District- Kabirdham (C.G.) 6 - Yashwant Kaushik S/o Narad Kaushik R/o Village- Semariya, Tahsil - Sahaspur Lohara, District- Kabirdham (C.G.) 7 - Damodar Kaushik S/o Kapil Kaushik R/o Village- Semariya, Tahsil - Sahaspur Lohara, District- Kabirdham (C.G.) 2 8 - Vishnudatt Kaushik S/o Bhagat Kaushik R/o Village- Semariya, Tahsil - Sahaspur Lohara, District- Kabirdham (C.G.). ---- Respondents For Petitioners : Mr. Sourabh Sahu, Advocate For State : Mr. Praveen Das, Dy. AG Hon'ble Shri Justice Arvind Kumar Verma Order on Board 23/07/2025 Heard. 1. At the very outset, learned counsel for the State contended that the alternate remedy available to the petitioners under Section 44(1) of the Chhattisgarh Land Revenue Code, 1959, therefore, this petition is not maintainable. 2. In view of the above, learned counsel for the petitioner seeks permission to withdraw the instant writ petition with liberty to avail the alternative remedy as available to the petitioner under the Rule/law. However, the respondent authorities may be directed not to take any coercive action against the petitioners. 3. Prayer is allowed and petitioners are permitted to file appropriate appeal/application before the appropriate Forum within 07 days from the date of receipt of copy of this order. Till the application is filed, no coercive action shall be taken against the petitioners. 3 4. Accordingly, the instant petition is dismissed as withdrawn with the aforesaid liberty. Sd/- (Arvind Kumar Verma) Judge Vasant