1 2025:CGHC:61377 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6516 of 2025 1. Deva Das Chaturvedi S/o Paklu Cahaturvedi Aged About 54 Years R/o Ward No 9 Village Chherkpur Tehsil Navagarh Distt Bemetara (C.G.) ... Petitioner versus 1. State of Chhattisgarh Through Secretary Revenue Department Mantralaya Mahanadi Bhawan Nava Raipur Atal Nagar Nawa Raipur Distt Raipur C.G. 2. Collector Bemetara Distt Bemetara (C.G.) 3. Sub-Divisional Officer (R) Nawagarh Distt Bemetara C.G. 4. Tahsildar Nawagarh Distt Bemetara C.G. 5. Gram Panchayat Samesar Through Its Secretary Gram Panchayat Samesar Janpad Panchayat Nawagarh Distt Bemetara C.G. 6. Sanat Joshi S/o Shri Anjori Joshi Aged About 58 Years R/o Village Chhitapar Tahsil Nawagarh Distt Bemetara C.G. 7. Sampat Das S/o Shri Anjori Joshi Aged About 58 Years R/o Village Chhitapar Tahsil Nawagarh Distt Bemetara C.G. 8. Ganpat S/o Shri Anjori Joshi Aged About 55 Years R/o Village Chhitapar Tahsil Nawagarh Distt Bemetara C.G. 9. Samelal S/o Hemlal Aged About 40 Years R/o Village Chhitapar Tahsil Nawagarh Distt Bemetara C.G. 10. Charan Joshi S/o Ishwari Prasad Joshi Aged About 55 Years R/o Village Chhitapar Tahsil Nawagarh Distt Bemetara C.G. 11.Jalesh Joshi S/o Puhup Joshi Aged About 55 Years (Up Sarpanch) R/o Village Chhitapar Tahsil Nawagarh Distt Bemetara C.G. 12. Chandra Kanta W/o Jalesh Joshi Aged About 56 Years R/o Village Chhitapar Tahsil Nawagarh Distt Bemetara C.G. 13. Vaibhav Tamboli S/o Santosh Tamboli Aged About 46 Years R/o Bemetara Distt Bemetara C.G. ... Respondent(s) SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI Date: 2025.12.18 14:36:10 +0530 2 For Petitioner : Mr. Prakash Mishra & Mr. Vijay Shankar Mishra, Advocates For Respondent No.1 to 3 : Mr. Akhilesh Kumar, Govt. Advocate For Intervener : Mr. Sajal Kumar Gupta & Ms. Aditi Joshi, Advocates SB: Hon'ble Shri Justice Parth Prateem Sahu Order on Board 16/12/2025 1. Learned State Counsel raises an objection with regard to maintainability of writ petition on the ground that grievance of petitioner is against the order dated 04.12.2025 passed by respondent No.3 against which petitioner is having remedy of appeal/revision under the Chhattisgarh Land Revenue Code, 1959 (for short ‘the Code of 1959’). 2. Learned counsel for petitioner submits that respondent No.3 while considering objection raised by petitioner, has decided the proceeding of review finally and therefore, this writ petition is filed as the order has been passed without giving opportunity of hearing to petitioner. He also contended that pursuant to order passed by respondent No.3, eviction warrant was issued against petitioner on 01.12.2025 granting only three days time and therefore, this Court passed status quo order on 12.12.2025. He submits that in view of objection raised by learned State Counsel, petitioner will avail alternate remedy available under the law, however, interim protection granted to petitioner by this Court vide order dated 12.12.2025 may be extended till consideration of application 3 for grant of interim relief to be filed by petitioner along appropriate proceeding before appropriate authority. 3. Heard learned counsel for respective parties. 4. Considering the submissions made by learned counsel for respective parties, in particular submission of learned counsel petitioner; the fact that earlier writ petition of petitioner was disposed of with a direction to respondent No.3 to reconsider review proceedings afresh after due opportunity of hearing to petitioner, this writ petition is disposed of permitting the petitioner to file appropriate proceeding before appropriate authority under the provisions of the Code of 1959 challenging the order dated 4.12.2025 passed by respondent No.3-SDO. In the event petitioner files such proceeding within a period of 10 days from today, status quo order passed by this Court on 12.12.2025 with respect to possession of petitioner over the property in dispute shall remain in force for a further period of four weeks. 5. Registry is directed to return original certified documents filed along with writ petition after retaining xerox of same in record. 6. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge roshan/-