Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:49153
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5099 of 2025 1 - Banasram Nishad S/o Late Trilochan Nishad Aged About 63 Years Resident Of Village Funndahar, Post- Devpuri, Police Station, Telibandha, Tehsil And District- Raipur (C.G.) 2 - Smt. Sawan Bai Nishad W/o Late Monohar Nishad Aged About 53 Years Resident Of Village Funndahar, Post- Devpuri, Police Station, Telibandha, Tehsil And District- Raipur (C.G.) 3 - Ramanand Nishad S/o Late Manohar Nishad Aged About 36 Years Resident Of Village Funndahar, Post- Devpuri, Police Station, Telibandha, Tehsil And District- Raipur (C.G.) 4 - Sampat Nishad S/o Late Manohar Nishad Aged About 45 Years Resident Of Village Funndahar, Post- Devpuri, Police Station, Telibandha, Tehsil And District- Raipur (C.G.) 5 - Ganaram Nishad S/o Late Manohar Nishad Aged About 42 Years Resident Of Village Funndahar, Post- Devpuri, Police Station, Telibandha, Tehsil And District- Raipur (C.G.) 6 - Dhanendra Nishad S/o Late Manohar Nishad Aged About 25 Years Resident Of Village Funndahar, Post- Devpuri, Police Station, Telibandha, Tehsil And District- Raipur (C.G.) 7 - Smt. Indira Bai W/o Late Agasram Nishad Aged About 55 Years Resident Of Village Funndahar, Post- Devpuri, Police Station, Telibandha, Tehsil And District- Raipur (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Revenue And Disaster Management Mahanadi Bhawan, Naya Raipur District- Raipur (C.G.) 2 - State Of Chhattisgarh Through Its Secretary Department Of Urban And Administration And Development Mahanadi Bhawan Naya Raipur District Raipur (C.G.) 3 - Collector Raipur District Raipur (C.G.) 4 - Additional Collector Raipur District- Raipur (C.G.) 5 - Sub Divisional Officer (Revenue) Raipur , District- Raipur (C.G.) Digitally signed by JYOTI JHA Date: 2025.10.07 11:31:13 +0530
2 6 - Tahsildar Raipur District- Raipur (C.G.) 7 - Ritesh Kumar S/o Late Shri Ramnarayan Mahato Aged About 49 Years R/o House No.8 Avni Pride Daldal Seoni, Raipur Tehsil And District- Raipur (C.G.) ----Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Surfaraj Khan, Advocate For Respondent-State : Ms. Upasana Mehta, Dy. G.A. Hon’ble Shri Justice
Arvind Kumar Verma
Order on Board 25/09/2025
1. With the consent of the parties the matter is heard finally.
2. The present writ petition has been filed by the petitioner seeking following relief:- 10.1 That, this Hon'ble Court may kindly be pleased to issue suitable writ (s), order (s), direction (s) by quashing the impugned order dated 08/09/2025 (Annexure P-1) passed in revision case No. 202507113000008/A-13/years 2024-25, and during the pendency of above 1st appeal before the court of learned SDO Raipur, some interim protection may kindly be granted in favour of petitioners by staying the effect and operation of order dated 16.06.2025 (Annexure P- 4) passed by the court of learned Nayab Tahsildar Raipur, in the interest of justice. 10.2 That, this Hon'ble Court may kindly be pleased to call the entire records from the respondents authorities for its kind perusal. 10.3 That this Hon’ble Court may kindly be
3 pleased to pass any other order(s) or direction (s) as this Hon’ble Court may deem fit and proper in the interest of justice, equity and good conscience;
3.
Learned counsel for the petitioner submits that this, instant Petition is against the order dated 08/09/2025 (Annexure P/1) passed by the Court of Learned Additional Collector Raipur, whereby, the Revenue Revision preferred by the petitioners is dismissed, against the interim
order dated 30/06/2025 (Annexure P/3), passed by the Court of Learned SDO (R) Raipur, who had rejected the application filed by the petitioners under Section 52 of the Chhattisgarh Land Revenue Code for grant of stay, along with the memo of first appeal, as per Section 44 of the Chhattisgarh Land Revenue Code and now the office of SDO is dealing with the revenue appeal in Revenue Case No. 202506111000856/A-13/Years 2024-25.
4. The petitioners have preferred a revenue revision under Section 50 of the Chhattisgarh Land Revenue Code before the court of learned Additional Collector Raipur and the court of Additional Collector Raipur had passed an interim order in favour of the petitioners by staying the effect and operation of order dated 16.06.2025, passed by the court of learned Nayab Tahsildar Raipur in Revenue Case No. 202503114900071/A-13/Years 2024-25. Hence this petition.
5.
Learned counsel for the respondents opposed the submission made by the learned counsel for the petitioner.
6. Considering the facts and circumstances of the case, particularly the fact that the first appeal is already pending before the SDO(R ) Raipur
4 filed by the petitioners, this Court at this stage is directed to the respondent No.5 SDO(R ) to the decide the first appeal filed by the petitioners within a period of 120 days from the date of receipt of copy of this order.
7. Till the first appeal filed by the petitioners is decided/concluded by the revenue authority, the respondent-authorities are restrained to demolish the land of the petitioner.
8. Accordingly, the present writ petition stands disposed of. Sd/-
(Arvind Kumar Verma) Judge Jyoti