1 2025:CGHC:46235 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4863 of 2025 1 - Ajaj Qureshi S/o Abdul Aziz Qureshi Aged About 42 Years R/o Aman Nagar, Mowa, Raipur, Tehsil And District Raipur, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue, And Disaster Managment Mahanadi Bhawan, New Raipur, Chhattisgarh 2 - The Collector Raipur District Raipur, Chhattisgarh 3 - The Tahsildar Raipur District Raipur, Chhattisgarh 4 - The Municipal Corporation Raipur Through Its Commissioner Raipur, District Raipur Chhattisgarh ... Respondents For Petitioner : Ms. Astha Shukla and Shri Himanshu Yadu, Advocates For Respondents No.1 to 3 : Shri Praveen Das, Deputy Advocate General For Respondent No.4 ; Shri Pankaj Agrawal and Mrs. Swati Agrawal, Advocates Digitally signed by GOPAL SINGH Date: 2025.09.10 18:11:44 +0530 2 Hon’ble Shri Justice Arvind Kumar Verma Order on Board 10/09/2025 1. Case of the petitioner is that this is second round of litigation. The petitioner had earlier filed WPC No. 2506/2022 before this Court challenging the ex-parte bedhakli warrant dated 24.05.2022. This Court vide order dated 30.04.2025 disposed of the petition directing the respondents to consider and decide the claim of the petitioner within an outer limit of 45 days from the date of receipt of copy of the order. In compliance with this Court’s directions, the Tahsildar issued summons dated 20.08.2025 directing the petitioner to appear on 25.08.2025. The petitioner appeared and was directed to appear again on 29.08.2025. On 29.08.2025, the petitioner appeared before the Tahsildar and submitted that all documents had already been filed with the allotment application, and sought clarification regarding any additional documents required. However, the petitioner was not informed of any next date of hearing. The Tahsildar passed an ex-parte order on 04.09.2025 without any notice to the petitioner and issued the impugned bedhakli warrant giving only 3 days’ time to vacate, which was served on 08.09.2025. 2. The petitioner has sought following reliefs in this petition: “i. That this Hon'ble Court may kindly be pleased to call for records of the case from the respondent authorities. 3 ii. That this Hon'ble Court may kindly be pleased to issue appropriate writ/order/direction setting aside/quashing the impugned ex-parte order dated 04.09.2025 (Copy of which has not been supplied) and the bedhakli warrant dated 04.09.2025 (Annexure P/1). iii. That this Hon'ble Court may kindly be pleased to direct the respondent authorities to comply with the earlier order of this Hon'ble Court dated 30.04.2025 in WPC No. 2506/2022 in letter and spirit and affirmatively decide the petitioner's claim for lease after following due process of law. iv. That this Hon'ble Court may kindly be pleased to initiate contempt proceedings against the erring officers for willful violation of the Court's directions. v. That any other relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, including costs, may be granted.” 3. Learned counsel appearing for the petitioner fairly admitted that the petitioner appeared before the Court of Tahsildar, Raipur and filed reply. She further contended that on 4.9.2025, behind the back of the petitioner, the Tahsildar passed the order against the petitioner and the petitioner has filed an application for copy of the said order which has not been provided to him till today. The impugned order shows that the petitioner has encroached government land bearing Khasra No.794 area 0.008 hectare, Khasra No.795 area 0.008 hectare, road and Khasra No.810 area 0.020 hectare, drainage (Bhujal), Khasra No.811 area 0.010 hectare charagan (grazing land). Therefore, the Tahsildar, Raipur has directed the Mal Jamadar to remove the encroachment of the petitioner. 4 4. Learned counsel for the State/respondents No.1 to 3 vehemently argued that there is an alternative remedy available to the petitioner under Section 44(1) of the Chhattisgarh Land Revenue Code, 1959. 5. Looking to the entire facts and circumstances of the case and the submissions made on behalf of the parties, this Court finds that there is an alternative statutory remedy available to the petitioner under Section 44(1) of the Chhattisgarh Land Revenue Code, 1959 and hence the present petition is not maintainable at this juncture. The writ petition is disposed of with a direction to the petitioner to file an appeal before the concerned Sub Divisional Officer (Revenue) within 15 days from today and in turn the said authority shall proceed on the appeal in accordance with law/rules/regulations. During the aforesaid period of 15 days, no coercive action shall be taken against the petitioner. It is made clear that this Court has not expressed any opinion on merits of the case. 6. Certified copy today. Sd/- (Arvind Kumar Verma) JUDGE Gopal