1 2025:CGHC:61379 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6614 of 2025 1. Sampat Jaiswal S/o Ramkumar Jaiswal Aged About 42 Years R/o Shakti Nagar Ward No. 8, Nagar Panchayat Pathariya, District - Mungeli (C.G.) 2. Kamal Narayan Dwivedi S/o Vyasnarayan Dwivedi Aged About 49 Years R/o Ward No. 8, Nagar Panchayat Pathariya, District - Mungeli (C.G.) ... Petitioners versus 1. The State of Chhattisgarh Through - Collector Mungeli, District Mungeli (C.G.) 2. The SDO Revenue Pathariya, District Mungeli (C.G.) 3. The Nazul Officer District Mungeli (C.G.) 4. The Tehsildar Pathariya, District Mungeli (C.G.) 5. The Nagar Panchayat Pathariya, District Mungeli (C.G.) 6. Through Chief Executive Officer Nagar Panchayat, Pathariya, District Mungeli (C.G.) ... Respondents For Petitioners : Mr. S.C. Verma, Sr. Advocate assisted by Mr. Aditya Agrawal, Advocate For Respondent No.1 to 4 : Ms. Upasana Mehta, Govt. Advocate SB: Hon'ble Shri Justice Parth Prateem Sahu Order on Board 16/12/2025 1. Petitioner has filed this writ petition seeking following reliefs:- SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI Date: 2025.12.18 14:36:11 +0530 2 “(I) Issue a writ of certiorari or any other appropriate writ/order quashing the impugned eviction order dated 02/12/2025, 10/12/2025 and 15/12/2025 passed by the Chief Executive Officer, nagar panchayat, Pathariya, district Mungeli (CG) (ii) Direct the respondents to restore the status of the petitioners as prevailing prior to the impugned order and not to disturb their peaceful possession. (iii) Restrain the respondents, their agents and authorities from interfering with the petitioners’ peaceful possession over the subject land without due process of law. (iv) Award cost of the petition and pass such other relief (s) as may be deemed just, fit and proper, in the interest of justice.” 2. Learned counsel for petitioner submits that earlier petitioners have approached this Court by filing WPC No.5806/2025 which was disposed of vide order dated 12.11.2025 granting liberty to petitioners to avail alternate remedy available to them under Section 44 (2) of the Chhattisgarh Land Revenue Code, 1959 (for short ‘the Code of 1959’). However, considering the facts of case, interim relief was granted to petitioners for a period of 15 days from the date of order directing the parties to maintain status quo with respect to possession of petitioners on subject land. Pursuant to order dated 12.11.2025, petitioners have filed an appeal under Section 44 (2) of the Code of 1959 along with an application under Section 52 of the Code of 1959 for grant of interim relief, within specified time i.e. on 18.11.2025. On the date of 3 filing of appeal, next date given was 3.12.2025 and thereafter 15.12.2025, as the Presiding Officer was not available on above dates, now the matter is fixed for 28.1.2026. He contended that during pendency of second appeal, respondent No.5 and 6 have again issued a notice of eviction, therefore, interim protection granted earlier by this Court may be extended till the application for grant of interim relief filed along with appeal is heard by the Commissioner. 3. Learned State Counsel would submit that application for interim relief is pending consideration and appropriate orders can be passed by the appellate authority. 4. Heard learned counsel for respective parties. 5. Reason to file this writ petition is the notice dated 15.12.2025 issued by respondent No.5 and 6 to remove the possession of petitioners from the subject land within 24 hours. According to submission made by learned Senior Counsel for petitioners, in compliance of the order passed by this Court, petitioners have already preferred an appeal under Section 44 (2) of the Code of 1959. However, application filed under Section 52 of the Code of 1959 for grant of interim relief could not be considered because the Presiding Officer was not available and the case is now fixed on 28.1.2026. 6. In the above facts of the case, considering that this Court in WPC No.5086/2025 filed earlier by petitioner, while granting 4 liberty to petitioners to avail alternate remedy available, has granted relief of status quo for a period of 15 days from the date of order, this writ petition is disposed directing that status quo, as it exists today, with regard to possession of petitioners over the subject land shall be maintained by the parties till hearing and passing order on application filed under Section 52 of the Code of 1959 for grant of interim relief. 7. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge roshan/-