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2025 DAILYLAW 41764 (CHH)

GAUTAM PANDA v. STATE OF CHHATTISGARH

WPC/4642/2025 · 2025-08-31

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:44233 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4642 of 2025 Gautam Panda S/o Late Shri Sitaram Panda Aged About 61 Years R/o Village-Pusaur, Tahsil- Pusaur, District Raigarh C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhavan, Mantralaya, Nava Raipur, Atal Nagar, Raipur C.G. 2 - The Commissioner Bilaspur Division, District Bilaspur C.G. 3 - The Collector, District Raigarh C.G. 4 - The Additional Collector, District Raigarh C.G. 5 - The Sub Divisional Officer (Revenue) Raigarh, District Raigarh C.G. 6 - Tahsildar, Tahsil-Pusaur, District Raigarh C.G. 7 - Additional Tahsildar, Pusaur, District Raigarh C.G. 8 - The Municipal Council, Nagar Panchayat Pusaur, District Raigarh C.G. 9 - Uttam Panda S/o Late Sitaram Panda Aged About 41 Years Priest Of Jagannath Temple, R/o Village- Pusaur, Tahsil- Pusaur, District Raigarh C.G. 10 - Pramod Gupta S/o Shri Rohit Gupta Aged About 40 Years Vice President/manager Of Jagannath Temple, R/o Village- Pusaur, Tahsil- Pusaur, District Raigarh C.G. ... Respondent(s) 2 ----------------------------------------------------------------------------------------- For Petitioner : Mr. Roop Naik, Advocate. For Respondent-State : Mr. Satish Gupta, GA. ----------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 01.09.2025 1. This writ petition has been preferred under Article 226 of the Constitution of India seeking following direction: “10.1) That, this Hon'ble Court may kindly be pleased to issue appropriate writ by extending status quo/stay order dated 3.6.2025 passed by this Hon'ble Court in WPC No. 2743/2025 till final disposal of Revision Case (Revenue) No. 20240799200003/9101/Rxm/2024-2025 pending before respondent No. 1/ state Government. 10.2) That, this Hon'ble Court may kindly be pleased to issue any other suitable writ/orders/directions against the respondent state authorities to not evict /dispossess the petitioner from his house/questioned land. 10.3) That, this Hon'ble Court may kindly be pleased to grant other relief which may be suitable in the facts and circumstances of the case in the favour of the petitioner” 2. Relevant facts of this case are that vide order dated 03.06.2025 in WPC No.2743/2025, this Court has passed the following order: “5. Therefore, in view of the aforesaid submission made by the learned counsel for respective parties, this petition is dismissed as withdrawn with liberty to the petitioner to approach the State Government with respect to the patta earlier granted to the petitioner within 15 days from the date 3 of receipt of copy of this order, and the concerned authorities are also directed to decide the same within further period of 60 days. In the meanwhile, status quo shall be maintained.” 3. Pursuant to order of this Court’s dated 03.06.2025, petitioner has filed the revision/case before respondent No.1/State of Chhattisgarh on 16.06.2025 and the case was registered as Revision Case (Revenue) No. 20240799200003/9101/Rxm/2024- 2025 and fixed on admission on 23.07.2025. On 23.07.2025, case was fixed for argument on 13.08.2025, original record was called for from learned Court below and notice has been issued to the parties. On 13.08.2025, respondent No.1 could not heard the case due to administration work and again fixed the case for hearing on 10.09.2025. Now, the prescribed time period has already been completed on 18.08.2025, hence, this petition is filed by the petitioner seeking extension of ‘order of Status Quo’, passed by this Court on 03.06.2025 in WPC No.2743/2025 till final disposal of revision/case filed by the petitioner before respondent No.1. 4. After arguing for some time, learned State Counsel contended that this writ petition may be disposed of with a direction to the petitioner to file an stay application before respondent No.1/State of Chhattisgarh and in-turn respondent No.1 shall consider and decide the same in accordance with law/rules expeditiously. 4 5. At this stage, counsel for the petitioner contended that he is not having any objection on the proposal made by the State Counsel, however, he prayed that till decision on his stay application, some interim protection be granted to the petitioner. 6. Heard learned counsel for the parties. 7. Considering facts of the case, nature of relief, above submissions of counsel for the parties, this writ petition is disposed of at this stage permitting the petitioner to an application for grant of stay before respondent No.1/State of Chhattisgarh alongwith all relevant documents/material within ‘15 days’ from the date of receipt of copy of this order. On receiving such stay application, respondent No.1 shall consider and decide the same in accordance with law/rule/regulation within an outer limit of ‘45 days’ from the date of receipt of copy of stay application. Till decision on the petitioner’s stay application, no coercive steps shall be taken against the petitioner. 8. It is made clear that this Court has not expressed any opinion with respect to merits of the case. CC as per rules. Sd/- (Arvind Kumar Verma) Judge J/-