1 2025:CGHC:15272 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 638 of 2025 1 - Vishvanath S/o Kunwar Sai Aged About 60 Years Caste - Gond, R/o Village - Agasi, Tahsil- Lundra (Dhourpur), Distt. - Surguja (C.G.) 2 - Rajaram S/o Kunwar Sai Aged About 58 Years Caste - Gond, R/o Village - Agasi, Tahsil- Lundra (Dhourpur), Distt. - Surguja (C.G.) 3 - Indrasen S/o Baba Ram Aged About 48 Years Caste - Gond, R/o Village - Agasi, Tahsil- Lundra (Dhourpur), Distt. - Surguja (C.G.) 4 - Kalinder S/o Baba Ram Aged About 43 Years Caste - Gond, R/o Village - Agasi, Tahsil- Lundra (Dhourpur), Distt. - Surguja (C.G.) ... Petitioners versus 1 - State of Chhattisgarh Through- The Collector Surajpur, Distt. Surajpur (C.G.) 2 - Sub Divisional Officer (Revenue) Lundra Dhourpur, Distt.- Surajpur (C.G.) 3 - Tahsildar Lundra (Dhourpur) Distt. Surguja (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Sanjay Pathak, Advocate For Respondents-State : Mr. Khulesh Sahu, Panel Lawyer Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 01.04.2025 1 Heard Mr. Sanjay Pathak, learned counsel for the petitioners as well as Mr. Khulesh Sahu, learned Panel Lawyer, appearing for the State/respondents. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.04.02 18:14:07 +0530 2 2 The instant writ petition is preferred by the petitioners under Article 226 of the Constitution of India with the following relief(s):- “1) That, this Hon'ble Court may kindly be pleased to issue a suitable Writ (s), Order (s), and Direction (s) and quashed the impugned eviction warrant dated 09.10.2024 and impugned notice dated 22.11.2024 (Annexure P-1 colly) passed by the respondent no. 3 and direct it to not demolished the house of the petitioner till final decision of the appeal pending before the respondent no. 2. 2) That, this Hon'ble Court may kindly be pleased to issue a suitable Writ (s), Order (s), Direction (s) and direct the respondent no. 2 to decide eh appeal and application for grant of stay filed by the petitioners after giving proper opportunity of hearing to them. 3) That, this Hon'ble Court may kindly be pleased to call the entire record relating to the disputed house from the respondent no. 3 for its kind perusal. 4) Any other relief which this Hon'ble Court may deem fit and proper may also be passed in favour of the petitioner together with cost of the petition; 3 Learned counsel for the petitioners submits that the petitioners is challenging the impugned eviction warrant dated 09.10.2024 and notice dated 22.11.2024 issued by respondent No.3 i.e., Tahsildar 3 Lundra (Dhourpur), District Surguja, C.G. whereby it has been constituted a team for demolishing the house of the petitioners alleging that they have constructed the said house over the Government Land part of Khasra No.833 Rakba 0.039 Hectares, out of 0.065 Hectares and Khasra No.211 Rakba 0.018 Hectares, out of 0.166 Hectares situated at Village Agasi, Tahsil Lundra (Dhourpur), District Surguja (C.G.). He further submits that vide order dated 09.10.2024, the Tahsildar Lundra (Dhourpur), District Surguja, has issued a notice for removal of illegal encroachment against the petitioners and thereafter, another notice was issued on 22.11.2024, as such the petitioners being aggrieved by the said notices, have filed an appeal before the Sub-Divisional Officer (Revenue) Lundra Dhourpur, District Surguja being Revenue Case No.202407020600006/B-121/2023-2024 under Section 44 of the Chhattisgarh Land Revenue Code, 1959. The contention of the petitioners is that since the Tahsildar, Lundra (Dhourpur) has passed an order against them, as such, they are pursuading to remove such encroachment otherwise, it will be demolished, they have further moved an application for grant of stay under Section 52 of the Chhattisgarh Land Revenue Code, 1959 before the Sub- Divisional Officer (Revenue) Lundra Dhourpur, District Surguja, which is yet to be decided and in the meanwhile, the Tahsildar Lundra (Dhourpur) is going to demolish the superstructure and possession of the petitioners, as such, the petitioners have approached this Court so that the land and other construction may 4 not be removed. It is further contention of the petitioners that according to the petitioners, the patta has been granted to them under Chief Minister Abadi Patta Yojna and the document in this regard has been filed as Annexure P/3. 4 On the other hand, learned State counsel has objected the arguments advanced on behalf of the petitioners and submitted that in fact, the instant petition is not maintainable before this Court as the petitioners cannot be approached in two different forums in two parallel proceedings. 5 I have heard learned counsel for the parties and perused the documents annexed with the writ petition. 6 Having heard the submissions of learned counsel for the parties as well as considering the facts and circumstances of the case, particularly the fact that since the petitioners have already approached before respondent No.2 i.e., Sub-Divisional Officer (Revenue) Lundra Dhourpur, District Surguja by filing an appeal along with an application for grant of stay which was filed way back on 14.10.2024, as such, the concerned Sub-Divisional Officer (Revenue), Lundra (Dhourpur) District Surguja is directed to decide the stay application filed by the petitioners on 08- 09.04.2025 (the date which has been given the Sub-Divisional Officer (Revenue), Lundra (Dhourpur) District Surguja for further hearing). 5 7 However, in the meanwhile, the respondents are directed to maintain status quo as it exists today in respect of possession of the land in question i.e. Khasra No.833 Rakba 0.039 Hectares, out of 0.065 Hectares and Khasra No.211 Rakba 0.018 Hectares, out of 0.166 Hectares situated at Village Agasi, Tahsil Lundra (Dhourpur), District Surguja (C.G.). 8 With the aforesaid observation/direction, instant writ petition is disposed of. Sd Sd/- - (Amitendra Kishore Prasad) Judge Yogesh