1 2025:CGHC:42649 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4517 of 2025 Smt. Rukhmani Devi Sahu W/o Shri Ramhai Lal Aged About 60 Years R/o Village And Post- Gobra, Police Station And Tehsil- Dabhara, District- Sakti (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Government Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, New Raipur District- Raipur (C.G.) 2 - Collector Sakti, District- Sakti, (C.G.) 3 - Sub Divisional Officer (Revenue) Dabhara, District- Sakti (C.G.) 4 – Tehsildar, Tehsil Dabhara, District- Sakti (C.G.) 5 - Jagannath Chandra S/o Shri Mohitram Chandra R/o Village And Post - Gobra, Police Station And Tehsil- Dabhara, District- Sakti (C.G.) ... Respondent(s) ----------------------------------------------------------------------------------------- For Petitioner : Mr. Ramesh Nayak, Advocate. For Respondent-State : Mr. Satish Gupta, GA. ----------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 22.08.2025 1. This writ petition has been preferred under Article 226 of the Constitution of India seeking following reliefs: 2 “10.1. The Hon'ble High Court may kindly be pleased to call for the entire records pertaining to the Revenue Case No. 202312310700038/A-70/2023-2024, for its kind perusal. 10.2. The Hon'ble Court be pleased to set aside and quash the impugned order dated 11/07/2025 (Annexure P-9) passed in Revenue Case No. 202312310700038/A-70/2023- 2024, in the interest of justice. 10.3. That, such other reliefs as the Hon'ble Court deems fit and proper in the circumstances of the case may also be granted to the petitioner in the interest of justice.” 2. Learned counsel for the petitioner contended that respondent No.5/Jagannath Chandra submitted an application under Section 250 of the Chhattisgarh Land Revenue Code, 1959 (Act of 1959) before respondent No.4/Tahsildar seeking removal of illegal possession of petitioner from his land bearing Khasra No.482/5, area 0.049 hectare situated at Village-Gobra, Tehsil Dabhara, District Sakti, (CG), which was registered as Revenue Case No.202312310700038/01/A-70/2023-2024 on 29/12/2023. Upon receiving said application, respondent No.4 has issued a memo dated 10/02/2021 to the Revenue Inspector Devarghata for demarcation of land in question, to which, demarcation report has been submitted as Annexure P-1 on 26/07/2021 by the Revenue Inspector. On 26/02/2024, petitioner has replied to the aforesaid application stating that respondent No.5 has never cultivated the land in question and in demarcation report Annexure P-1 it is nowhere mentioned that the petitioner has encroached upon the 3 land of respondent No.5. The demarcation report has been prepared without any preparation of map or evaluation of the site. Learned Counsel further contended that the petitioner has purchased the land bearing Khasra No.483/1, area 0.83 acre, in the year 2015 since then she is cultivating the land. On 11/07/2025, respondent No.4 has passed the impugned order and allowed the application of respondent No.5 observing that petitioner has encroached the land of petitioner, which is erroneous, arbitrary and bad in the eyes of law. Hence, impugned order dated 11.07.2025 be set-aside. 3. Learned State Counsel contended that petitioner has participated the revenue case, replied to the application of respondent No.5 and also produced her evidence before respondent No.4/Tahsildar. The impugned order has been passed after giving proper opportunity of hearing to the petitioner, hence, there is no need to interfere in the impugned order. He further pointed out that petitioner is having efficacious alternate remedy to file an appeal before the concerned Sub-Divisional Officer under Section 44(1) of the Act of 1959. 4. Heard learned counsel for the parties and perused the material/documents available on record including the impugned order. 5. In the spot inspection (part of Annexure P-1), nowhere it is 4 mentioned that who has encroached the land of respondent No.5 bearing Khasra No.482/5, area 0.049 hectare situated at Village- Gobra, Tehsil Dabhara, District Sakti, (CG). 6. Considering facts of the case, above submissions of counsel for the parties, particularly demarcation report and spot inspection (Annexure P-1), this writ petition is disposed of permitting the petitioner to file an appeal under Section 44(1) of the Act of 1959 as well as application under Section 52 of the Act of 1959 before the concerned SDO within 15 days from the date of receipt of this order. On receiving of such appeal and application of petitioner, the SDO concerned shall consider and decide the same on its own merits expeditiously in accordance with relevant rule/law/regulation after giving proper opportunity of hearing to respondent No.5. 7. Till decision on the application of petitioner filed under Section 52 of the Act of 1959, effect and operation of the impugned order dated 11.07.2025 (Annexure P-9) shall remain stayed. CC as per rules. Sd/- Sd/- (Arvind Kumar Verma) Judge J/-