1 / 3 2025:CGHC:46143 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4799 of 2025 1 - Gorelal Sahu S/o Late Pularu Ram Sahu Aged About 45 Years Caste - Teli, Address - Gram Post Baigakapa Tahsil Lalpur District - Mungeli Chhattisgarh 2 - Vimal Kishor Sahu S/o Late Pularu Ram Sahu Aged About 32 Years Caste - Teli, Address - Gram Post Baigakapa Tahsil Lalpur District - Mungeli Chhattisgarh ... Petitioners versus 1 - State of Chhattisgarh Through Secretary, Revenue Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District - Raipur Chhattisgarh 2 - Collector Mungeli District Mungeli Chhattisgarh 3 - Anuvibhagiya Adhikari (Ra.) Lormi, District Mungeli Chhattisgarh 4 - Tehsildar, Lalpur Tehsil Lalpur, District Mungeli Chhattisgarh 5 - Dhruw Kumar Sahu S/o Tanagu Ram Sahu (Ex-Sarpanch) And Adhikrit Up- Sarpanch (Husband Of Sulochana Sahu) Gram Post Baigakapa Tahsil Lalpur District Mungeli Chhattisgarh 6 - Chhote Bai Kashyap W/o Dayalu Kashyap Aged About 65 Years Caste - Kurmi, 7 - Arun Kashyap S/o Dayalu Kashyap Aged About 50 Years 8 - Bimla Kashyap W/o Arun Kashyap Aged About 49 Years 9 - Varun Kashyap S/o Dayalu Ram Kashyap Aged About 47 Years 10 - Jai Kashyap S/o Arun Kashyap Aged About 22 Years All Caste Kurmi, R/o Gram Post Baigakapa Tahsil Lalpur District - Mungeli Chhattisgarh ... Respondents ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.09.10 18:46:01 +0530 2 / 3 For Petitioner : Mr. Shashi Kumar Kushwaha, Advocate For State : Mr. Rishabh Bisen, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 10/09/2025 1. The instant writ petition has been filed being aggrieved with the unauthorized construction being made by Respondents No. 6 to 10 on the government land bearing Khasra No. 365/2, area 0.0670 Hecate which is situated in front of the land of the petitioner bearing Khasra No.347/8, Area 0.045 hectare whereby the easementry right of the petitioner is being affected. 2. Learned counsel for the petitioner would contend that despite the stay order against the private respondent, the private respondent is continuously constructing the house over the Government land and no action has been taken by the concerned Collector, Tehsildar and SDM and the application filed by the petitioner under Section 248 of the CGLRC has been dismissed by the concerned authority. 3. Learned State counsel contended that in view of the alternative remedy available to the petitioner, the instant petition is not maintainable. 4. I have heard learned counsel for the respective parties at length and perused the documents with utmost circumspection. 5. Considering the entire facts and circumstances of the case especially 3 / 3 considering the fact that the application of the petitioner under Section 248 of the C.G. Land Revenue Code, 1959 has been dismissed by the concerned authority, therefore, the petitioner is having alternative remedy of filing an appeal under Section 44 (1) of the C.G. Land Revenue Code, 1959 and the petitioner is granted liberty to file appeal under Section 44 (1) of the C.G. L.R.C., 1959, if so advised. 6. With the aforesaid observation the instant writ petition stands disposed of. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu