1 / 4 2025:CGHC:4370 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 488 of 2025 1 - Natthuram Baghel S/o Late Tularam Baghel Aged About 39 Years Caste - Mahra, Resident Of Village Markel, Jadigudapara, Tahsil Jagdalpur, District Bastar, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, The Revenue And Disaster Management Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh. 2 - The Board Of Revenue Chhattisgarh, Circuit Court, Jagdalpur, District Bastar Chhattisgarh. 3 - The Commissioner Bastar Division, Jagdalpur, District Bastar Chhattisgarh. 4 - The Additional Collector, Jagdalpur, District Bastar, Chhattisgarh. 5 - The Sub Divisional Officer (Revenue) Jagdalpur, District Bastar, Chhattisgarh. 6 - The Tahsildar, Jagdalpur, District Bastar, Chhattisgarh. 2 / 4 7 - Shrichand Luniya S/o Late Narendra Kumar Luniya Aged About 65 Years Caste - Luniya, Resident Of Village - Motitalab Para, Jagdalpur, Tahsil Jagdalpur, District Bastar, Chhattisgarh. ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Ajeet Kumar Yadav, Advocate For Respondents/State : Ms. Anuja Sharma, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 24/01/2025 1. By the present writ petition, the petitioner is questioning the notice dated 26/12/2024 (Annexure P/1) issued by respondent No.5/ SDO (Revenue), Jagdalpur whereby the petitioner has been directed to remove the alleged encroachment made by him. 2. Learned counsel appearing for the petitioner submits that the order on the basis of which the notice has been issued to the petitioner was challenged in a revision before the respondent No.4/ Additional Collector and the said revision has been dismissed vide order dated 16/03/2023. Further the order passed by the Additional Collector is also challenged before the respondent No.3/ Commissioner, Bastar Division and the same has already been dismissed vide order dated 05/09/2023 however, the order passed the Commissioner is also challenged by filing a revision before the Board of Revenue and the same is still pending and the case is fixed for hearing on 28/01/2025. He would further submit that though the proceeding of revision is pending before the Board of Revenue but the Tahsildar has 3 / 4 issued the impugned notice to remove the alleged encroachment over the land bearing Khasra No.181 area of 0.18 Hectare, village Markel, Tahsil Jagdalpur, District Bastar. 3. Learned counsel appearing for the State submits that as the revision of the petitioner questioning the orders of the revenue authorities which are under challenge is pending before the Board of Revenue, the petitioner may question the notice before the Board of Revenue by bringing the fact before the concerned authority and the subject matter to this issue is pending before the Board of Revenue in a revision, hence the present writ petition is not maintainable. 4. I have heard learned counsel for the parties and perused the documents. 5. From perusal of the impugned notice, it appears that the notice of removal of encroachment has been issued by the SDO but the petitioner has not brought this fact before the Board of Revenue, where the revision is pending. 6. In view of the above and the submission made by the learned counsel for the State that, the revision is pending before the Board of Revenue, it is directed that the petitioner may approach the Board of Revenue by bringing the fact to the knowledge of the Board of Revenue about the issuance of notice for removal of encroachment. In the event of bringing the said fact before the Board of Revenue, the Board of Revenue is directed to pass necessary orders in the interim application which is stated to be 4 / 4 pending before it, within a period of five days from the date when the petitioner will place the impugned notice before the Board of Revenue, in accordance with law. 7. It is made clear that till the consideration of the application for interim relief by the Board of Revenue, the effect and operation of the impugned notice dated 26/12/2024 (Annexure P/1) shall remain stayed. 8. With the aforesaid direction, this writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar