Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:52400
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5578 of 2025 1 - Smt. Vijay Laxmi W/o Late Sahdev Aged About 56 Years R/o Sukma (Rumi Nagar), Tehsil Sukma, District Sukma (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through It Secretary, Revenue And Disaster Management Department, Nawa Raipur (C.G.) 2 - Commissioner Jagdalpur, District- Jagdalpur (C.G) 3 - Collector Sukma District Sukma (C.G.) 4 - Sub-Divisional OfÏcer (Revenue) Sukma District- Sukma (C.G.) 5 - Tehsildar Sukma, District- Sukma (C.G.) ----Respondents For Petitioner : Mr. Rishabh Bisen, Advocate For Respondent-State : Mr. Soumitra Kesharwani, P.L. Hon’ble Shri
Arvind Kumar Verma, Judge
Order on Board 28.10.2025
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(s):- 10.1 That the Hon’ble Court may kindly be pleased to stay the effect and opera- tion of notice dated 20.08.2025 passed by the Tehsildar Sukma, District Sukma (C.G.). 10.2 That this Hon’ble Court may kindly Digitally signed by JYOTI JHA Date: 2025.10.29 11:58:44 +0530
2 be pleased to grant opportunity of hear- ing to the petitioner before passing order of dispossession. 10.3 Any other order that the Hon’ble Court deems fit and necessary in the cir- cumstances of the case be also passed.
3. Learned counsel for the petitioner would submit that the petitioner is aggrieved by the order dated 20.08.2025 issued by the Tehsildar Sukma for illegal construction and possession over the Government land bearing its Khasra No. 696/1, area about 0.036 hectare and Khasra No. 1276/1 area about 2.316 hectare. In the year 2017-18 Abadi Patta for the Khasra No. 696/1 area about 0.006 hectare, Khasra No. 699/8+9 area about 0.020 hectare and Khasra No. 699/1 area 0.013 hectare has been allotted to the husband of the petitioner as Bhumi Swami Right by the Collector in Case No. 9/A-66/2017-18.
4. Learned State Counsel opposed the submission made by the
learned counsel for petitioner and would submit that case is still pending before the concerned authorities and there is no final
order passed therefore this petition is not maintainable.
5. I have heard learned counsel for the parties and perused the records with utmost circumspection.
6. On perusal of records, it appears that vide order dated 20.08.2025 (Annexure P/2), the Tehsildar had issued notice to the petitioner under Section 248 of the CG Land Revenue Code and the case is still pending before the Tehsildar.
7. Looking to the entire facts and circumstances of the case particularly the fact that the Tehsildar has initiated proceedings
3 against the petitioner under Section 248 of the CG Land Revenue Code where the case is still pending before the concerned Tehsildar and no final order has been passed against the petitioner and further taking into consideration the submission that without demarcation report, the Tehsildar has issued notice to the petitioner, at this stage, this Court finds it appropriate to dispose of the present writ petition with a direction to the concerned Tehsildar Sukma, District Sukma to firstly demarcate the land of the petitioner and thereafter the concerned Tehsildar shall pass an appropriate order strictly in accordance with law, after giving sufÏcient opportunity of hearing to the concerned persons.
8. With the aforesaid observation(s), this petition is disposed of.
Sd/- (Arvind Kumar Verma) Judge Jyoti