1 2025:CGHC:7975 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 35 of 2024 1. Albeshiya Tigga W/o Lokhesus Tigga Aged About 45 Years 2. Pyari Bada D/o Late Salraj Aged About 36 Years 3. Hemlata Wd/o Late Birendra Singh Aged About 37 Years 4. Savita Prajapati D/o Late Basant Prajapati Aged About 30 Years 5. Julia Kerketta W/o J. Kerketta Aged About 31 Years All R/o Gangapur, P.S. And Tehsil Ambikapur District Surguja, Chhattisgarh. ... Petitioners versus 1. State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Secretariat, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh 2. The Collector Surguja, District : Surguja, Chhattisgarh 3. Sub Divisional Officer (R) Ambikapur, District : Surguja, Chhattisgarh 4. Tehsildar/Naib Tehsildar Ambikapur, Tehsil Ambikapur, District : Surguja, Chhattisgarh 5. Rajlal S/o Hari R/o Mohall Manipur, Tehsil Ambikapur, District : Surguja, Chhattisgarh ... Respondents (Cause title is taken from the Case Information System) 2 For Petitioners : Shri S.A. Ansari, Advocate For Respondent/State : Shri Satish Gupta, Govt. Advocate For Respondent No.5 : Shri Sajal K. Gupta, Advocate Order on Board By Bibhu Datta Guru, J. 14/2/2025 1. By the present writ petition, the petitioner is seeking quashment of the eviction notice dated 8-12-2023 (Annexure-P/2) issued by the respondent No.3. 2. From the record, it is apparent that against the order dated 28-8-2020 passed by the Tahsildar, Ambikapur, the petitioners filed an appeal under Section 44 of the Chhattisgargh Land Revenue Code, 1959 (for brevity ‘the CGLRC’) before the Sub Divisional Officer (Revenue), Ambikapur, which was dismissed by order dated 16-6-2023. Against the said order of the SDO, the petitioners approached the Divisional Commissioner, Surguja, in appeal bearing No.202307960100049/A-6/2022-23, which is pending consideration before the said authority. 3. Learned counsel appearing for the State would submit that since the appeal is pending consideration before the Divisional Commissioner the instant writ petition is not maintainable at this stage. 4. I have heard learned counsel for the parties and perused the documents. 5. Having considered the entire facts situation of the case and particularly considering the fact that the appeal preferred by the petitioners against the orders of the SDO & Tahsildar is pending consideration before the 3 Divisional Commissioner, the writ petition is disposed of with a direction to the Divisional Commissioner to consider and decide the pending appeal of the petitioners, in accordance with law and on its own merits, as early as possible preferably within a period of 50 days from the date of receipt of copy of this order. Till then the interim order dated 10-1-2024 passed by this Court shall remain operative. 6. Accordingly, the present writ petition stands disposed of. Sd/- (Bibhu Datta Guru) Judge Gowri K GOWRI SANKARA RAO Digitally signed by K GOWRI SANKARA RAO Date: 2025.02.17 12:49:49 +0530