1 2025:CGHC:17430 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 332 of 2019 1 - Anil Sahu S/o Shri Amar Singh Sahu Aged About 45 Years R/o Village Dongargarh Tehsil Nagari, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary ,department Of Panchayat And Disaster Management Mahanadi, Bhawan Atal Nagar District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Commissioner Raipur Division District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Collector Dhamatari District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4 - Sub Divisional Officer (Revenue ) Nagari ,tehsil Nagari, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh 5 - Naib Tehsildar Nagari District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh 6 - Aswan Kumar S/o Bishabhar Gond R/o Village Dongargarh District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh 7 - Nandkumar S/o Bishabhar Gond R/o Village Dongardula ,district Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh SMT NIRMALA RAO -2- 8 - Birajhuram S/o Bishabhar Gond R/o Village Dongardula ,district Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh ---- Respondents AND WPC No. 336 of 2019 1 - Keshav Sahu S/o Shri Nakul Ram Sahu Aged About 42 Years R/o Village Dongardula, Tehsil Nagri, District Dhamtari, Chhattisgarh., District : Dhamtari, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Disaster Management Mahanadi Bhawan, Atal Nagar, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - Commissioner Raipur Division District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - Collector Dhamtari, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 4 - Sub Divisional Officer (Revenue) Nagri, Tehsil Nagri District Dhamtari, Chhattisgarh., District : Dhamtari, Chhattisgarh 5 - Naib Tehsildar Nagri, District Dhamtari, Chhattisgarh., District :Dhamtari, Chhattisgarh 6 - Aswan Kumar S/o Bishabhar Gond R/o Village Dongardula, District Dhamtari, Chhattisgarh., District : Dhamtari, Chhattisgarh 7 - Nandkumar S/o Bishabhar Gond R/o Village Dongardula, District Dhamtari, Chhattisgarh., District : Dhamtari, Chhattisgarh 8 - Birajhuram S/o Bishabhar Gond R/o Village Dongardula, District Dhamtari, Chhattisgarh., District : Dhamtari, Chhattisgarh ---- Respondents 3 AND WPC No. 379 of 2019 1 - Narayan Singh Sahu S/o Shri Domar Singh Sahu Aged About 47 Years R/o Village Dongardula, Tehsil Nagri, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Government Of Chhattisgarh, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Commissioner Raipur, Division, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Collector Dhamtari, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh 4 - Sub Divisional Officer (Revenue) Nagri, Tehsil Nagri, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh 5 - Naib Tehsildar Tehsil - Nagri, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh 6 - Aswan Kumar S/o Bishabhar Gond Village - Dongardula, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh 7 - Nandkumar S/o Bishabhar Gond Village - Dongardula, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh 8 - Birajhuram S/o Bishabhar Gond Village Dongardula, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh ---- Respondents ---------------------------------------------------------------------------------------- For Petitioners : Ms. Natasha Khan, Advocate holding the brief of Shri Yashwant Thakur, Advocate. For Respondents No.1 to 5/ State: Shri R.S. Marhas, Addl. A.G. -4- For Respondents No.6 & 7 : Shri Sumit Shrivastava, Advocate. ------------------------------------------------------------------------------------------ Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 16.04.2025 1. The petitioners have challenged the show-cause notice issued by the Naib Tehsildar, Nagri dated 23.1.2019, whereby the petitioners have been directed to hand over the possession of the subject property. 2. Learned counsel for the petitioners would argue that the petitioners raised the construction of houses and shops over the subject property and the Naib Tehsildar, Nagri issued the eviction notice without conducting any inquiry and without affording any opportunity of hearing. She would further submit that the revenue documents would show that the petitioners are owners of the property. She would contend that the notice issued by the respondent/Naib Tehsildar, Nagri may be quashed. 3. On the other hand, learned counsel for the State would submit that the application under Section 170B of the Chhattisgarh Land Revenue Code was moved by respondents No.1 to 5 before the Sub- Divisional Officer (Revenue), which was allowed vide order dated 27.5.2015. He would further submit that the petitioners had filed a civil suit before the Competent Civil Court, which was dismissed 5 vide judgment and decree dated 31.1.2019. He would also submit that the eviction notice was issued by the Naib Tehsildar, Nagri pursuant to the order passed by the Sub-Divisional Officer (Revenue) dated 27.5.2015. He would also submit that these petitions deserve to be dismissed. 4. Learned counsel for respondents No.6 & 7 would support the contention made by counsel for the State/respondents No.1 to 5. 5. Heard counsel appearing for the parties and perused the documents present on the record. 6. A perusal of the documents would show that respondents No.1 to 5 belong to the aboriginal tribe and they had moved an application under Section 170B of the CGLRC before the Competent Authority, which was allowed vide order dated 27.5.2015. The petitioners challenged the proceedings and the order dated 27.5.2015 by filing a civil suit before the Additional District Judge, Dhamtari in Civil Suit No.10-A of 2015. The civil suit was dismissed vide judgment and decree dated 31.1.2019. 7. Pursuant to the order passed in the proceedings under Section 170B of the CGLRC, Naib Tehsildar, Nagri issued an eviction notice to the petitioners on 23.1.2019. The petitioners have challenged the said notice by filing these petitions. -6- 8. Taking into consideration the fact that the order passed by the Sub- Divisional Officer (Revenue) dated 27.5.2015 has attained finality and further, the civil suit filed by the petitioners was dismissed vide judgment and decree dated 31.1.2019, no case is made out for interference by this Court. 9. Consequently, these petitions fail and are hereby dismissed. No cost(s). Sd/- (Rakesh Mohan Pandey) Judge Nimmi