1 2025:CGHC:54369 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5852 of 2025 1 - Ramprasad Rahi S/o Shri Kapilram Rahi Aged About 49 Years R/o Village Misda, Tehsil Shivrinarayan, District Janjgir-Champa C.G. --- Petitioner versus 1 - State Of Chhattisgarh Through Secretary Department Of Revenue, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, Raipur, District Raipur C.G. 2 - State Of Chhattisgarh Through Secretary Department Of Water Resource And Irrigation, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, Raipur, District Raipur C.G. 3 - Collector, Janjgir-Champa, District Janjgir-Champa C.G. 4 - Executive Engineer Hasdeo Water Management Division Janjgir, District Janjgir-Champa C.G. 5 - Sub Divisional Officer, (Irrigation) Janjgir Branch Canal Sub Division No. 3, Birra, District Janjgir-Champa C.G. 6 - Tehsildar Tehsil Shivrinarayan, District Janjgir-Champa C.G. 7 - Usha Bai Sahu W/o Siyaram Sahu Aged About 52 Years R/o Village Misda, Tehsil Shivrinarayan, District Janjgir-Champa C.G. 8 - Hemant Kumar Sahu S/o Siyaram Sahu Aged About 26 Years R/o Village Misda, Tehsil Shivrinarayan, District Janjgir-Champa C.G. BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.11.11 10:55:44 +0530 2 --- Respondent(s) ____________________________________________________________ For Petitioner : Mr. Raj Kumar Sahu, Advocate For State/Respondents : Mr. Praveen Das, Additional A.G. Hon'ble Shri Justice Parth Prateem Sahu Order On Board 07/11/2025 1. Petitioner has filed this petition seeking following relief (s) :- “1. Issue an appropriate writ/order/direction quashing/setting aside the impugned notice no. 413 dated 30.10.2025 (Annexure P-1) issued by the Naib Tahsildar, Shivrinarayan, District Janjgir-Champa (C.G.). 2. Any other relief as deemed fit by this Hon’ble Court.” 2. Learned counsel for petitioner submits that Tahsildar issued a notice on 30.10.2025 for removing encroachment over canal bank and if encroachment is not removed, removal of encroachment proceeding will be initiated on 07.11.2025, therefore, a protection be granted to petitioner. 3. Learned State counsel submits that initially the proceedings have been initiated based on the complaint made by one Usha. As the proceedings registered on complaint was not being proceeded by the revenue authorities, she filed a writ petition bearing WPC No.3632 of 2024, which was disposed of with a direction to the revenue authorities therein to conclude the proceedings based on the notice dated 12.05.2023 (Annexure P-5) therein. Accordingly, Tahsildar has 3 concluded the proceeding by passing an order dated 07.12.2023 of eviction from government land against petitioner under Section 248 of the C.G. Land Revenue Code, 1959. The notice for removal of encroachment was issued on 12.12.2023, petitioner has challenged the order of eviction passed by Tahsildar under Section 248 of the Code of 1959 before the SDO by way of filing appeal U/s 44 (1) of the Code, 1959, which also came to be dismissed vide order dated 13.07.2024 and according to his instruction, petitioner herein has filed second appeal under the provisions of Sub-section 2 of Section 44 of the Code, 1959, which is pending consideration. He further submits that petitioner has not disclosed the correct facts as there is no pleading in the writ petition about filing of first appeal or pendency of second appeal before the Commissioner, Bilaspur Division, Bilaspur. 4. I have heard learned counsel for parties and perused the documents placed on record. 5. Taking into consideration that petitioner has not pleaded correct facts in this petition about pendency of second appeal, before the Commissioner, Bilaspur Division, I am not inclined to entertain this petition. Accordingly, this petition is dismissed. However, petitioner will be at liberty to move an application for grant of interim relief before the Commissioner in the pending application/revision, if he so desire and in the event such application is filed the Commissioner shall consider and decide the same in accordance with law. Sd/- (Parth Prateem Sahu) Judge Balram