1 2025:CGHC:1895 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 159 of 2025 1 - Ram Bharos S/o Late Manrakhan Aged About 60 Years Caste Rajwar, R/o Village Jagdishpur, P/s And Tahsil Ambikapur, District Surguja Chhattisgarh 2 - Sumitra Bai W/o Late Ramjagan Aged About 58 Years Caste Rajwar, R/o Village Jagdishpur, P/s And Tahsil Ambikapur, District Surguja Chhattisgarh 3 - Bidhu Ram S/o Late Jaylal Aged About 42 Years Caste Rajwar, R/o Village Jagdishpur, P/s And Tahsil Ambikapur, District Surguja Chhattisgarh 4 - Rajesh Ekka S/o Late Ramprasad Aged About 42 Years Caste Uranv, R/o Village Jagdishpur, P/s And Tahsil Ambikapur, District Surguja Chhattisgarh 5 - Dubey Ram S/o Late Manrakhan Ram Aged About 45 Years Caste Rajwar, R/o Village Jagdishpur, P/s And Tahsil Ambikapur, District Surguja Chhattisgarh 6 - Shivnarayan S/o Late Raghunath Ram Aged About 65 Years Caste Rajwar, R/o Village Jagdishpur, P/s And Tahsil Ambikapur, District Surguja Chhattisgarh SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.01.13 19:53:45 +0530 2 7 - Muneshvar Rajware S/o Late Sukhnath Rajware Aged About 50 Years Caste Rajwar, R/o Village Jagdishpur, P/s And Tahsil Ambikapur, District Surguja Chhattisgarh 8 - Phoolsai S/o Late Kalsai Aged About 45 Years Caste Rajwar, R/o Village Jagdishpur, P/s And Tahsil Ambikapur, District Surguja Chhattisgarh 9 - Puran Chandra S/o Late Thakur Dayal Aged About 45 Years Caste Rajwar, R/o Village Jagdishpur, P/s And Tahsil Ambikapur, District Surguja Chhattisgarh 10 - Om Prakash Khullu S/o Late Mutar Ram Khullu Aged About 40 Years Caste Rajwar, R/o Village Jagdishpur, P/s And Tahsil Ambikapur, District Surguja Chhattisgarh 11 - Injoriya Bai W/o Budha Ram Aged About 70 Years Caste Panika, R/o Village Jagdishpur, P/s And Tahsil Ambikapur, District Surguja Chhattisgarh 12 - Vimla W/o Hardev Aged About 65 Years Caste Rajwar, R/o Village Jagdishpur, P/s And Tahsil Ambikapur, District Surguja Chhattisgarh 13 - Ghar Bharan Ram S/o Late Manrakhan Aged About 61 Years Caste Rajwar, R/o Village Jagdishpur, P/s And Tahsil Ambikapur, District Surguja Chhattisgarh 14 - Om Prakash S/o Late Prahalad Aged About 42 Years Caste Rajwar, R/o Village Jagdishpur, P/s And Tahsil Ambikapur, District Surguja Chhattisgarh 15 - Bhukhmen W/o Late Amar Kumar Rajware Aged About 45 Years 3 Caste Rajwar, R/o Village Jagdishpur, P/s And Tahsil Ambikapur, District Surguja Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur Chhattisgarh 2 - The Commissioner Surguja Division, District Surguja Chhattisgarh 3 - The Collector Surguja, District Surguja Chhattisgarh 4 - The Sub-Divisional OfÏcer Ambikapur, Distt. - Surguja Chhattisgarh 5 - The Tahsildar Ambikapur, Distt. - Surguja Chhattisgarh 6 - The Executive Engineer Chhattisgarh Grih Nirman Mandal, Surguja Division, Ambikapur, Distt. - Surguja Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Rahul Mishra, Advocate. For Respondent(s) : Shri Shreyansh Mehta, Panel Lawyer. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 13.01.2025 1. By the present writ petition the petitioners are questioning the action of the respondent no. 6/Chhattisgarh Grih Nirman Mandal, by which the respondent no. 6 are proceeding to dispossess the petitioners from the house and land of the petitioners. The petitioners have 4 preferred revenue revisions before the Commissioner, Sarguja Division Ambikapur, in which they are questioning the order dated 05.01.2017 & 03.10.2024 passed by the Collector Sarguja, but the revision is not considered by the Commissioner, however, the respondent Housing Board is proceeding to execute the order passed by the Collector Sarguja. 2. Learned counsel for the petitioner submits that though the revision under Section 50 of The Chhattisgarh Land Revenue Code, 1959 has been filed before the Commissioner and an interim applications seeking stay of the order of the Collector is pending before the Commissioner, in spite of the said fact the respondents are proceeding to dispossess the petitioners. He would further submits that Commissioner is not deciding the application for grant of stay moved by the petitioners. 3. Learned State counsel submits that if the application for grant of stay is pending before the Commissioner in the revision pending before the Commissioner, the same shall be decided within a period of one week from today. 4. I have heard the learned counsels for the parties and perused the record placed by the petitioner. 5. Learned counsel for the petitioners submits that though a copy of writ petition was tried to serve upon the counsel of the respondent no. 6, he refused to accept the same and stated that let notice be issued to the respondent party. From perusal of the pleadings and documents placed in the writ petition, it appear that the order of Collector dated 05.01.2017 & 03.10.2024 is under challenge by 5 the petitioners by filing a revision under Section 50 before the Commissioner Sarguja Division and the revision as well as interim application has not been decided till date, it will be appropriate to direct the Commissioner to consider the application for grant of stay filed by the petitioners in the revision under Section 50 of The Chhattisgarh Land Revenue Code, 1959 which is pending before the Commissioner, the said application be considered within a period of 7 days from today and pass a order in said application in accordance with law. 6. 6. Looking to the pleadings and contention of the petitioners and also considering the photographs annexed with the writ petition, as the respondents are in process of dispossess the petitioners, it is directed that status quo shall be maintained by the parties till 7 days from today. 7. With the aforesaid direction, the writ petition is disposed off. 8. Certified Copy today. Sd/- (Bibhu Datta Guru) Judge Shoaib