1 2025:CGHC:879 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6473 of 2024 1 - Joljas S/o Tembu Aged About 70 Years Caste- Uraon, And R/o- Village- Khutera, Tahsil- Kansabel, District- Jashpur (Chhattisgarh) 2 - Mu. Susena Wd/o Amarjus Aged About 75 Years Caste- Uraon, R/o- Village- Khutera, Tahsil- Kansabel, District- Jashpur (Chhattisgarh) Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Secretary, Department Of Revenue And Disaster Management, Mantralaya, Naya Raipur, Tahsil And District Raipur (Chhattisgarh) 2 - The Collector Jashpur Tahsil And District- Jashpur (Chhattisgarh) 3 - The Sub Divisional Officer (Revenue) Jashpur, District- Jashpur (Chhattisgarh) 4 - The Tahsildar, Kansabel District Jashpur (Chhattisgarh) 5 - Silbanus S/o Mangal Aged About 60 Years Caste Uraon, R/o Village- Khureta, Tahsil Kansabel, District Jashpur (Chhattisgarh) Respondent(s) For Petitioner(s) :Mr. Abhishek Saraf, Advocate For Respondent/State :Mr. S.S. Choubey, PL (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 07/01/2025 1. By the present Writ Petition, the petitioner is questioning the order impugned dated 16/10/2024 (Annexure-P/1), whereby the RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.01.08 10:42:10 +0530 2 Tahsildar, Kansabel, District Jashpur has passed the stay order over the joint land possessed by the petitioner and respondent No.5, and restrained the petitioner not to further construct the house until the land in question is divided. 2. At the very outset, learned counsel for the State submits that the impugned order is appealable under Section 44 of the Chhattisgarh Land Revenue Code, 1959 (hereinafter referred to as ‘the Code, 1959’) and as such an appeal shall lie against the order of Tahsildar before the SDO, Jashpur. 3. In view of the above submission, learned counsel for the petitioner seeks permission to withdraw this writ petition with liberty to file appeal under Section 44 of the Code, 1959 before the SDO, Jashpur. 4. Accordingly, this writ petition is dismissed as withdrawn with the aforesaid liberty granted in favour of the petitioner. Sd/- (BIBHU DATTA GURU) JUDGE Rahul