1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6337 of 2024 1 - Atamaram S/o Late Mahesh Ram, Aged About 81 Years R/o Village- Chandai, Tahsil-Sarangarh, District-Sarangarh-Bilaigarh (C.G.) 2 - Vijay Kumar Tendulkar, S/o Shri Baharata, Aged About 35 Years R/o Village-Chandai, Tahsil-Sarangarh, District-Sarangarh-Bilaigarh (C.G.) 3 - Harbanh S/o Shri Dwaruram, Aged About 85 Years R/o Village- Chandai, Tahsil-Sarangarh, District-Sarangarh-Bilaigarh (C.G.) ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through-Secretary, Revenue Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District-Raipur 2 - The Collector, Raigarh, District-Raigarh, (C.G.) 3 - The Sub Divisional Officer (Revenue) Sarangarh, Ditrict-Sarangarh- Bilaigarh (C.G.) 4 - The Tahsildar, Sarangarh, District-Sarangarh-Bilaigarh (C.G.) 5 - The Nayab Tahsildar, Sarangarh, District-Sarangarh-Bilaigarh (C.G.) ... Respondent(s) 2 For Petitioner(s) : Shri Manoj Kumar Sinha, Advocate For Respondent/State : Shri Ajit Singh, GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 07/10/2025 By way of the instant petition, the petitioners have challenged the impugned notice dated 6.12.2024 (Annexure P/1) issued by the Tahsildar whereby the petitioners are directed to vacate the premises/house situated at government land bearing Khasra No. 227/3 area 39x76 sq. ft., 31x86 sq. ft. and 76x48 sq. ft. respectively. 2. Counsel for the petitioners submits that the petitioners are A\ aggrieved by the said notice and seeks appropriate relief from this Court. However, he fairly submits that an alternative and efficacious statutory remedy is available to the petitioners under Section 44 (1) of the Chahttisgarh Land Revenue Code, 1959 by way of an appeal before the Sub Divisional Officer (Revenue). 3. Learned counsel for the State submits that the present petition is not maintainable at this stage in view of the fact that the petitioner has an efficacious alternative statutory remedy available under Section 44 (1) of the Chhattisgarh Land Revenue Code, 1959 by way of appel before the Sub Divisional Officer (Revenue) against the notice of the Tahsildar. It is therefore contended that the petitioners may be relegated to avail the said remedy before the competent appellate authority instead of invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. 3 4. Considering the submission and without entering into the merits of the case, this Court is of the view that since a statutory remedy is available to the petitioner, the present petition is disposed of with liberty to the petitioner to avail the said remedy. 5. Accordingly, the present petition stands disposed of with liberty to the petitioners to prefer an appeal under Section 44 (1) of the Chhattisgarh Land Revenue Code, 1959 before the competent appellate authority against the order passed by the Tahsildar, Sarangarh within such time as permissible under the law. However, it is directed that no coercive steps shall be taken against the petitioners for a period of 30 days from today to enable the petitioners to avail the said statutory remedy. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.10.10 10:58:50 +0530