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2025 DAILYLAW 47834 (CHH)

BHUVAN v. STATE OF CHHATTISGARH

WPC/6343/2025 · 2025-12-04

Shri Parth Prateem Sahu

body2025

Judgment text

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1 2025:CGHC:59032 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6343 of 2025 Bhuvan S/o Late Shri Jhabbo Ram Aged About 73 Years R/o Ward No. 50, Borsibhatha, Durg, District Durg (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Urban Administration And Development, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District - Raipur (C.G.) 2 - Collector Durg, District Durg, Chhattisgarh 3 - Sub Divisional Officer (Revenue) Durg, District Durg, Chhattisgarh 4 - Tahsildar Durg, District Durg, Chhattisgarh 5 - Nagar Palika Nigam, Durg Through Commissioner, District Durg, Chhattisgarh 6 - Smt. Suman Nadesan Unni R/o Borsibhatha, Durg, District Durg (C.G.) ... Respondents For Petitioner : Mr. Abhishek Chandra Gupta, Advocate For State-Respondents no. 1 to 4 : Mr. Pranjal Shukla, Panel lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 05.12.2025 ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.12.06 12:09:04 +0530 2 1. This writ petition has been preferred by the petitioner under Article 226 of the Constitution of India, seeking following reliefs:- “10.1 A writ and/or order in the nature of writ of appropriate nature do issue commanding and directing the respondent authority to produce before this Hon’ble Court all the relevant records pertaining to the case and quashing and setting aside the impugned order and notice dated 28.10.2025 ( Annexure P/1 colly), as well as eviction notice dated 12.11.2025 (Annexure P/2). 10.2. To grant any other relief, which this Hon’ble Court deems fit in the facts and circumstances of the case along with costs of the petition.” 2. Learned counsel for petitioner submits that Tahsildar Durg /Respondent no. 4 has passed an order dated 28.10.2025 for eviction of petitioner and removing construction over the Government Land. He however submits that Municipal Corporation, Durg has issued notice dated 12.11.2025 and, thereafter, petitioner approached by way of filing of this writ petition. He submits that according to advice given to petitioner, petitioner has also filed an appeal before Sub Divisional Officer (Revenue) under Section 44 of the Land Revenue Code, 1959 which is pending consideration. He further submits that petitioner has also filed an application for grant of Interim Relief and, therefore, till application for grant of Interim Relief is not considered by Sub Divisional Officer (Revenue), interim protection be granted. 3. Learned counsel for the State raises an objection with regard to maintainability of this writ petition on the ground that petitioner is having an alternate efficacious remedy available to him under the law, however, she submits that in view of limited prayed made by learned counsel for 3 petitioner seeking direction to Sub Divisional Officer (Revenue) to take decision on the pending application for grant of interim relief, she is having no objection. 4. I have heard learned counsel for the respective parties and perused the documents enclosed along with this writ petition. 5. Taking into consideration facts and circumstances of the case, nature of grievances raised in this writ petition and further the fact that petitioner has already submitted an appeal before Sub Divisional Officer (Revenue) along with an application for grant of Interim Relief, this Court is not considering this writ petition on merits, however, it is disposed of at this stage directing Sub Divisional Officer, Durg to consider and take decision on the Interim application submitted by the petitioner along with an appeal expeditiously, preferably within a further period of two weeks from today and till decision on application for grant of Interim Relief is taken, parties are directed to maintain status quo as it exits today with respect to the possession of the petitioner over the land bearing Khasra no. 194/1 measuring 1.3680 hectares situated in Ward No. 50, Borsibhatha, Durg, Chhattisgarh, subject matter of this writ petition. 6. With the aforesaid observation and direction, writ petition stands disposed of. Certified copy as per rules. sd/- (Parth Prateem Sahu) alfiza JUDGE