1 2025:CGHC:61139 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6562 of 2025 Rakesh Ratre S/o Shri Sitram Ratre Aged About 39 Years R/o Behind Ajay Kirana Store, Dhimprapur Chauk, Raigarh Tahsil And Distt. Raigarh Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Revenue Department, Mahanadi Bhavan, Atal Nagar, New Raipur, Distt. Raipur Chhattisgarh 2 - The Collector Raigarh, Distt. Raigarh Chhattisgarh 3 - The Nazul Officer Raigarh, Distt. Raigarh Chhattisgarh 4 - The Tahsildar Raigarh, Distt. Raigarh Chhattisgarh 5 - The Municipal Corporation, Raigarh Through Its Commissioner, Raigarh, Distt. Raigarh Chhattisgarh ... Respondents For Petitioner : Mr. Manoj Kumar Sinha, Advocate For Respondent no. 1 to 4-State : Mr. Akhilesh Kumar, Government Advocate For Respondent no. 5 : Mr. Pankaj Agrawal, Advocate Hon’ble Justice Parth Prateem Sahu, Judge Order on Board ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.12.17 10:33:31 +0530 2 16.12.2025 1. Petitioner has filed this writ petitioner under Article 226 of the Constitution of India, seeking following reliefs:- “10.1 That this Hon’ble Court may kindly pleased to call the entire records in connection of the petitioner’s case. 10.2 That this Hon’ble Court be further pleased to quashed the order/notice dated 02.12.2025 (Ann. P/1) issued by the respondent no. 4 for eviction from the subject land. 10.3 That the Hon’ble Court be further pleased to direct the respondent no. 4 to consider and decide the reply dated 09.12.2025 (Ann. P/7) submitted by the petitioner in accordance with law. 10.4 That the Hon’ble Court be further pleased to Restrain the respondents from taking any coercive action, including demolition or forcible eviction, against the petitioner’s shop or possession over land Khasra No. 58/3, during the pendency of this petition. 10.5 That the Hon’ble Court be further pleased to Direct the respondents to conduct a proper and lawful demarcation in the presence of the petitioner, and decide any proceedings strictly in accordance with law and after giving full opportunity of hearing. 10.6 Any other order that the Hon’ble Court deems fit and necessary in the circumstances of the case be also passed. 10.7 That the cost of the petition be also awarded to the petitioners.” 2. Learned counsel for respondent raised an objection that this writ petition is filed against the show cause notice issued by Tahsildar, Raigarh under the provisions of Section 248 of the Chhattisgarh Land Revenue Code, 1959 and therefore, this writ petition is not maintainable. 3 3. At this stage, learned counsel for petitioner submits that by 08.12.2025 the petitioner may be evicted and, therefore, this writ petition is filed. He also submits that petitioner according to show cause notice was supposed to file reply by 08.12.2025, however reply was filed on 09.12.2025, therefore, petitioner is apprehending that his reply may not be considered before passing an order under Section 248 of the Code of 1959. 4. I have heard learned counsel for the parties and perused the documents enclosed along with this writ petition. 5. Considered the submission made by learned counsel for respective parties. Undisputedly this writ petition is filed challenging the show cause notice dated 02.12.2025, during course of argument the apprehension is raised by counsel for petitioner that the reply submitted with one day delay may not be considered and order of eviction may be passed without considering the reply submitted by petitioner. 6. In the above facts of the case, Tahsildar, Raigarh is directed to consider the reply submitted by petitioner on 09.12.2025 before passing of an order under Section 248 of the Code of 1959 pursuant to show cause notice dated 02.12.2025, if respondent no.4 has already not passed the order. 7. With the aforementioned direction, this writ petition is disposed of. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge alfiza