1 / 3 2025:CGHC:6086 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5986 of 2024 1 - Rameshwar Verma S/o Janak Aged About 50 Years R/o Village Dhamni, Tahsil Pathariya, District : Mungeli, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Collector Mungeli, District : Mungeli, Chhattisgarh 2 - Sub-Divisional Officer, Mungeli, District : Mungeli, Chhattisgarh 3 - Tehsildar Mungeli, District : Mungeli, Chhattisgarh 4 - Nayab Tehsildar Mungeli, District : Mungeli, Chhattisgarh 5 - Rajesh Kaushik S/o Lakshman R/o Village Dhamni, Tehsil Sargaon, District : Mungeli, Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Ankur Seth, Advocate For Respondents/ State : Mr. Ritesh Giri, Panel Lawyer 2 / 3 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 03/02/2025 1. By the present writ petition, the petitioner is questioning the order dated 04/11/2024 (Annexure P/2) passed by the Tahsildar, Sargaon, Mungeli by which the order of removal of encroachment has been passed by the Tahsildar by exercising power under Section 248 of CGLRC. 2. Learned counsel appearing for the petitioner submits that earlier the order passed by the Naib Tahsildar was challenged before the SDO in an appeal under Section 44(1) of the CGLRC and the said appeal has been decided vide order dated 12/05/2023 (Annexure P/3) by remanding back the matter to the Naib Tahsildar with a direction to register a fresh case under Section 248 of CGLRC. He would further submit that though the matter was remanded back to the Naib Tahsildar, the Tahsildar, Sargaon has initiated the proceeding under Section 248 and passed the impugned order. 3. Learned counsel appearing for the State by opposing the submission made by the learned counsel for the petitioner submits that the order dated 04/11/2024 has been passed by the Tahsildar pursuance to the remand order passed by the SDO and thereafter the Tahsildar has passed the detailed order by affording opportunity of hearing to the petitioner. The order dated 04/11/2024 is an appealable order under Section 44(1) of CGLRC. Hence the present petition itself is not maintainable. 3 / 3 4. I have heard learned counsel for the parties and perused the pleadings made by the petitioner as well as the order dated 04/11/2024 (Annexure P/2). 5. From perusal of the impugned order, it appears that the Tahsildar has passed a detailed order in accordance with law by exercising power under Section 248 of the CGLRC and as the learned counsel for the State submits that the order passed by the Tahsildar is appealable under Section 44(1) of the CGLRC, the writ petition is not maintainable. 6. In view of the above, the writ petition is dismissed with a liberty to the petitioner to approach before the concerned SDO by filing an appeal under Section 44(1) of the CGLRC. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar