1 2025:CGHC:51337 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5412 of 2025 1 - Murari Das S/o Khuman Das Aged About 68 Years R/o Village Gurur, Tahsil Gurur District Balod (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhawan, Nawa Raipur, District Raipur (C.G.) 2 - Sub Divisional Officer (Revenue) Tahsil Gurur District Balod (C.G.) 3 - Tahsildar Tahsil Gurur District Balod (C.G.) ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Veer Verma, Advocate For Respondent-State : Mr. Anurag Tripathi, P.L. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 15/10/2025 1. With the consent of the parties the matter is heard finally. 2. The present writ petition has been filed seeking following relief:- “10.1 That the Hon’ble Court be pleased to quash/set aside the impugned order dated 19.09.2025 (Annexure P- 2) and dated 12.09.2025 (Annexure P-1). 10.2 That the Hon’ble Court be pleased to direct the respondent authorities not to dispossess the petitioner from land bearing Khasra No. 531/1 without following due process of law and payment of compensation. 10.3 That this Hon’ble Court may kindly be pleased to grant interim relief by staying the operation and effect of the imugned orders during the pendency of this peition. Digitally signed by JYOTI JHA Date: 2025.10.16 12:35:59 +0530 2 10.4 That this Hon’ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate.” 3. By way of the present writ petition, the Petitioner, name recorded bhumiswamiof land bearing Khasra No. 531/4,part of Khasra No. 531/1, is aggrieved by the arbitrary and illegal action of the revenue authorities in declaring him an encroacher overhis own land. Despite being in lawful possession, supported by registered sale deed, diversion order, and NoC from the Gram Panchayat, the Respondent No.3 passed an impugned order dated 12.09.2025 (Annexure P-1) directing removal of the Petitioner, which was upheld in appeal by Respondent No.2 vide order dated 19.09.2025(Annexure P-2). The Petitioner here has also submitted an application for Khata Durusti before the Patwari on 19.03.2024, which is pending. These actions are violation of the Petitioner's fundamental and constitutional rights under Article 300A, and the impugned orders are without jurisdiction, passed in violation of natural justice 4. Learned counsel for respondent-State submits that the petitioner has already remedy which the petitioner has already availed. 5. I have heard learned counsel for the parties and perused the material available on record. 6. At the outset this Court finds that there is alternative remedy available to the petitioner under Section 44(1) of the CG Land Revenue Code, which the petitioner has already availed the remedy and he has filed the appeal against the order of the Naib Tehsildar Gurur Zila Balod passed under 248(1) of the CG Land Revenue Code. The petitioner has filed the application under Section 52(2) of the Act 1959 before the SDO (R) 3 which has been dismissed on 19.09.2025. As such, the matter is still pending before the SDO( R) and there is no final order has been passed, therefore this Court does not find any good ground to entertain this petition. Accordingly, the present writ petition stands dismissed. Sd/- (Arvind Kumar Verma) Judge Jyoti