1 2025:CGHC:59933 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6470 of 2025 1 - Homji Lal Dewangan S/o Uttamlal Dewangan Aged About 75 Years Caste Koshta R/o Village Sakarra, Tahsil Malkharouda, District- Sakti (Chhattisgarh ) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhawan, Atal Nagar, New Mantralaya, Naya Raipur, District- Raipur (C.G.) 2 - Upper Commissioner Bilaspur Division Bilaspur, District- Bilaspur (C.G.) 3 - Collector Sakti, District- Sakti (C.G.) 4 - Sub Divisional Officer (Rev.), Malkharauda, District- Sakti (C.G.) 5 - Tahsildar Tahsil Adbhar, District- Sakti (C.G.) 6 - Smt. Nomita Shrivas W/o Hitendra Shrivas R/o Village And Post Labed, Tahsil Kartala, District- Korba Chhattisgarh 7 - Khemchand Kaushik S/o Madhusudan Kaushik Aged About 32 Years Caste Nai R/o Village And Post Sakarra, Malkharauda District- Sakti (C.G.) --- Respondent(s) ____________________________________________________________ For Petitioner : Mr. Jai Kumar Dewangan, Advocate For State/Respondents No.1 to 5 : Mr. Satish Gupta, Govt. Advocate Hon'ble Shri Justice Parth Prateem Sahu Order On Board 10/12/2025 1. Petitioner has filed this petition seeking following relief (s) BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.12.10 14:21:22 +0530 2 “(i) That, the Hon’ble court may kindly be pleased to call for entire record pertaining to the case of the petitioner, in the interest of justice. (ii) That, the Hon'ble Court may kindly be pleased to quash/set-aside the impugned eviction order dated 03.12.2025 (Annexure P-1) passed by the respondent no.5 (Tahsildar) which is arising out of impugned orders dated 04.04.2025 (Annexure P-2) passed by the respondent no. 5 (Tahsildar), in the interest of justice. (iii) That, the Hon'ble Court may kindly be pleased to direct the respondent authorities particularly respondents no. 6 & 7 to comply the stay order dated 01.07.2024 of the learned Commissioner and to stop further illegal construction house upon the petitioner's land till, the final decision of the pending civil suit and revision petition, in the interest of justice. (iv) That, the Hon'ble Court may kindly be pleased to direct the respondent authorities to consider the representation of the petitioner for seeking to remove and dispossess the private respondents no. 6 & 7 from illegal started construction land of the petitioner, within upon stipulated period, in the interest of justice. (v) That, the Hon'ble Court may kindly be pleased to issue direction to issue punishment order against private respondents no. 6 & 7 for non compliance of the stay order dated 01.07.2024 of the learned Commissioner in the interest of justice. (vi) Any other relief, which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be granted in favour of the petitioner.” 2. During the course of arguments, learned counsel for petitioner submits that against the order passed by the Tahsildar in the proceedings under Section 250 of the Chhattisgarh Land Revenue Code, 1959 (In 3 short ‘the Code of 1959’) dated 04.04.2025, petitioner has filed first appeal as provided under Section 44 (1) of the Code of 1959, which was dismissed vide order dated 19.09.2025. He contended that during pendency of proceedings before the SDO, there was interim order in favour of petitioner. He also contended that after dismissal of appeal by Sub-Divisional Officer (Revenue), petitioner has filed second appeal U/s. 44 (2) of the Code of 1959 before the Commissioner, Bilaspur Division, Bilaspur, however, it is still at the stage of registration of the case as the Court of Additional Commissioner is lying vacant. He also contended that even after making efforts, the Commissioner is not taking up the case so as to consider the application for grant of interim relief. He submits that petitioner has approached this Court during the pendency of second appeal only because Tahsildar has issued eviction warrant on 03.12.2025 (Annexure P-1) and if petitioner is evicted during the pendency of second appeal, he will be adversely affected. 3. Learned State counsel submits that petitioner has not submitted any application for urgent hearing before the Commissioner. If petitioner submits application for urgent hearing, it would be considered in accordance with law. 4. At this stage, learned counsel for petitioner submits that petitioner has made prayer before the Commissioner, however, it was not considered. 5. On due consideration of the submission of learned counsel for respective parties, facts and circumstances of the case, in particular considering that petitioner has already filed second appeal U/s. 44 (2) of the Code of 1959, before the Court of Commissioner and till date it 4 has not been registered as the Court of Additional Commissioner, Bilaspur Division, Bilaspur is lying vacant, this writ petition at this stage is disposed of directing the Commissioner, Bilaspur Division, Bilaspur to consider the application to be submitted by petitioner for urgent hearing of the second appeal filed by him along with application for grant of interim relief expeditiously. Petitioner is permitted to submit an application for urgent hearing of the appeal filed by him, before the Commissioner, Bilaspur Division, Bilaspur within a period of one week and in turn, the Commissioner is directed to consider and decide the application as also the application for grant of interim relief submitted by petitioner along with appeal within further period of three weeks. 6. Till the application for grant of interim relief is considered by the Commissioner or the competent authority, there shall be stay of the eviction warrant/order dated 03.12.2025 passed by the Tahsildar vide Annexure P-1. 7. With the aforesaid observations and directions, this writ petition stands disposed of. Certified copy today. Sd/- (Parth Prateem Sahu) Judge Balram