1 2025:CGHC:37491 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4007 of 2025 1 - Smt. Geeta Devi W/o Kanhaiya Lal Saraf Aged About 58 Years R/o Near Mahamaya Chowk, Deviganj Road, Ambikapur, District - Surguja, C.G. 2 - Kanhaiya Lal Saraf S/o Late Tulsi Ram Saraf Aged About 62 Years R/o Near Mahamaya Chowk, Deviganj Road, Ambikapur, District - Surguja, C.G. ... Petitioner(s) versus 1 - Akash Kumar Saraf S/o Kishori Lal Saraf Aged About 35 Years R/o Sangam Chowk, Deviganj Road, Opposite Ramkuti, Ambikapur, District- Surguja, C.G. 2 - Chief Regional Manager Hindustan Petroleum Corporation Limited 1st Floor, Vajpayee Pavilion, Vyapar Vihar Road Bilaspur, District- Bilaspur, C.G. 495001 3 - Commissioner Surguja Division, Ambikapur, District - Surguja, C.G. 4 - Collector Surguja Ambikapur, District - Surguja, C.G. 5 - Deputy Collector Ambikapur, District - Surguja, C.G. --- Respondent(s) ---------------------------------------------------------------------------------------- For Petitioners : Mr. Nishi Kant Sinha, Advocate For Respondent-State : Ms. Nupur Trivedi, PL --------------------------------------------------------------------------------------- 2 Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 31.07.2025 1. The present petition is filed by the petitioners with following relief(s): “10.1 Quash and set aside the impugned order dated 23.06.2025 (ΑΝNEXURE P/1) passed by the Learned Commissioner, Surguja, Ambikapur C.G. in Revenue Appeal no. 2025006960100073/B-121/2024-25 10.2 Issue a writ of mandamus or order, direction/commanding the respondent no. 1 to 2 immediately maintain status quo on construction of petrol pump by staying the effect of N.O.C granted for the operation of Petrol pump in the disputed land vide order dated 04.02.2025 passed by respondent no.5 till the final adjudication of appeal filed by the petitioner before the Commissioner Surguja Ambikapur (C.G). 10.3 Issue a writ of mandamus or order, direction commanding the respondent no. 3 to adjudicate the Revenue Appeal no. 202506960100073/B-121/2024- 25 pending before the Ld. Commissioner Surguja and adjudicate the pending appeal within some stipulated time. 10.4 Pass any other writ order/direction as this Hon'ble Court may deem fit, and proper in the facts and circumstances of the case, in the interest of justice.” 2. Learned counsel for the petitioner contended that the petitioner by the 3 present writ petition challenging the impugned order dated 23.06.2025 whereby the application filed by the petitioner un/s 52 of CG Land Revenue Code for grant of stay has been rejected by the learned Commissioner. The petitioners have objected for grant of No Objection Certificate to the respondent no.1 before the learned Collector for the operation of H.P.C.L. petrol pump in a disputed land Khasra no. 259/3 and 259/4 situated at Sohga which jointly belongs to the Petitioner no. 1 and mother of Respondent no. 1 namely Vimla Devi, and the applicant/respondent no.1 has submitted a false notarized affidavit of petitioner no.1 before the collector for obtaining N.O.C but this objection has been discarded and the No Objection Certificate has been granted to the respondent no.1 by order dated 04/02/2025 passed by the Additional District Magistrate, Ambikapur, Surguja, C.G. passed in Case no. 20250102200001/B-121/2024-25. The petitioners have challenged the order dated 04.02.2025 granting the N.O.C by the way of filling of appeal u/s 44(1) of CGLRC before the learned Commissioner/respondent no.3, along with stay application u/s 52 of the CGLRC and the appeal is pending consideration but the stay application has been adjudicated by the learned Commissioner/ respondent no.3 by the impugned order dated 23.06.2025 without going through the records, Hence this petition. 3. Learned State Counsel submits that the concerned authority shall consider and decide the appeal of the petitioner in accordance with rules, regulations and law. 4 4. I have heard learned counsel for the parties, considered their submissions put forth before me and have also gone through the documents appended to the writ petition. 5. Considering the facts and circumstances of the case and submission made by learned counsel for the parties, at this stage, this petition is disposed of by directing to respondent No.3 – Commissioner, Surguja Division, Ambikapur, District Surguja (C.G.) to consider and decide the pending appeal of the petitioner, i.e., Revenue Appeal No. 202506960100073/B-121/2024-25 as early as possible, in accordance with rules, regulations and law. 6. With the aforesaid direction, the present writ petition stands disposed of. Sd/- (Arvind Kumar Verma) JUDGE Vasant