1 / 3 2025:CGHC:30612 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3448 of 2025 Lalchand S/o Kanhai Aged About 45 Years R/o Village- Hardibahara, Tahsil- Raghunathnagar, Distt. Balrampur-Ramanujganj (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through The Collector Balrampur-Ramanujganj Distt. Balrampur-Ramanujganj (C.G.) 2 - Sub Divisional Officer (Revenue) Wadrafnagar, Distt. Balrampur- Ramanujganj (C.G.) 3 - Tahsildar Tahsil- Raghunathnagar, Distt. Balrampur-Ramanujganj (C.G.) ... Respondents For Petitioner : Mr. Sanjay Pathak, Advocate For State : Mr. Satish Gupta, GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 04/07/2025 1. The instant petition has been filed against the impugned action of the Respondent No.3 who has constituted a team for demolishing the house of the petitioner pursuant to the order dated 27/11/2024. 2. The brief facts of the case are that the petitioner is in peaceful possession of the land bearing Khasra No.168, area 0.008 Hectares ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.07.04 17:38:29 +0530 2 / 3 and residing there by constructing a house over the said land with his family since a long time. One Jitlal made a complaint before the Respondent No.3 against the petitioner regarding encroachment on the government land and on such complaint a revenue case was registered and on 27/11/2024 Respondent No.3 passed the order for dispossessing the petitioner and his family members from the said house and the said order dated 27/11/2024 has been subject of challenge before the Respondent No.2 under Section 52 of the C.G.L.R.C. for grant of stay, however, Respondent No.3 has constituted a team for demolishing the house of the petitioner. Hence this petition. 3. Learned counsel for the petitioner would contend that Respondent No.3 has issued a letter dated 23rd of June, 2025 and constituted a team for demolishing the house of the petitioner as per the order dated 27/11/2024 passed by the Tehsildar under Section 248 (1) of the C.G. Land Revenue Code, 1959. He would next contend that since the petitioner has already an appeal before the SDO against the order dated 27/11/2024 passed by Respondent No.3 which is still pending for consideration, however, despite that the Respondent No.3 has constituted a team for demolishing the house of the petitioner. 4. I have heard learned counsel for the parties and perused the documents on record. 5. On perusal of the record I have found that as per demarcation report 3 / 3 and as per Panchnama dated 12/05/2025 it reveals that the petitioner has encroached upon 19.21 sq. meter of the government land bearing Khasra No.168 area 1.08 Hectare. 6. Be that as it may, since there is an alternative remedy under Section 44 (1) of the C.G. Land Revenue Code, 1959 is available to the petitioner for filing of appeal against the order of the Tehsildar dated 27/11/2024 passed under Section 248 (1) of the Code, 1959, therefore, I am not inclined to entertain this writ petition. 7. Accordingly, the instant writ petition is disposed of granting liberty to the petitioner to file an appeal under Section 44 (1) of the Code, 1959 before the competent authority i.e. the Sub Divisional Officer (Revenue) along with an application under Section 52 of the Code, 1959 for grant of interim relief. Since the rainy season is going on, therefore, it is directed that for a period of 30 days from today, the petitioner shall not be disturbed /dispossessed from the subject land and after lapse of the period of 30 days the concerned authority may proceed in accordance with law. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu