1 2025:CGHC:56515 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6112 of 2025 1 - Biranchi Lal Choudhary S/o Late Shri Hira Lal Choudhary Aged About 48 Years R/o Ward No. 50, Borsibhatha, Durg, District Durg Chhattisgarh ... Petitioner Versus 1 - State Of Chhattisgarh Through Secretary, Urban Administration And Development Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh 2 - Collector, Durg District Durg Chhattisgarh 3 - Sub Divisional Officer (Revenue) Durg, District Durg Chhattisgarh 4 - Tahsildar Durg District Durg Chhattisgarh 5 - Nagar Palika Nigam, Durg Through Commissioner, District Durg Chhattisgarh 6 - Smt. Suman Nadesan Unni R/o Borsibhatha, Durg, District Durg Chhattisgarh ... Respondents For Petitioner : Mr. Anand Dadriya, Advocate For Respondents No. 1 to 4/State : Mr. Satish Gupta, Government Advocate For Respondent No. 5 : Mr. Praveen Das, Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 20 /11/2025 1. The petitioner has filed this writ petition seeking following reliefs:- “10.1 That, the Hon’ble Court may kindly be pleased to issue a writ and/or an order in the nature of writ of appropriate nature do issue commanding and SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 directing the respondent authority to produce before this Hon’ble court all the relevant records pertaining to the case and quashing and setting-aside the impugned order and notice dated 28.10.2025 (Annexure P/1 colly), as well as eviction notice dated 12.11.2025 (Annexure P/2). 10.2 That, the Hon’ble Court may kindly be pleased to grant any other relief, which this Hon’ble Court deems fit in the facts and circumstances of the case along with costs of the petition.” 2. This writ petition is filed against the order dated 28.10.2025 (Annexure P/1) passed by the Respondent No. 4/Tehsildar for removing construction and vacating the land within 15 days and notice dated 12.11.2025 (Annexure P/2) passed by the Respondent No. 5/Commissioner for complying the order of Tehsildar within 03 days or else, action for removing encroachment and possession will be taken at the cost of the petitioner. 3. Learned counsel for the Respondents/State raised an objection with regard to maintainability of the writ petition on the ground that the petitioner is having alternate efficacious remedy of appeal under Section 44 of the Chhattisgarh Land Revenue Code, 1959. 4. At this stage, learned counsel for the petitioner submits that the petitioner after getting the knowledge of passing of an order dated 28.10.2025 against him by the Respondent No. 4/Tehsildar, have obtained the certified copy of the order and filed an appeal on 04.11.2025 under Section 44 of the Chhattigarh Land Revenue Code, 1959 before the Sub- Divisional Officer (Revenue), Durg. However, till date, appeal filed by the petitioner though accepted by the clerk of the Sub-Divisional Officer (Revenue), Durg has not been registered till date. He contended that now, the Respondent No. 5/Commissioner has issued notice dated 12.11.2025 (Annexure P/2) for removing the encroachment/construction (i.e. house and shop) over the land pursuant to the order passed by Respondent No. 4/Tehsildar. If pursuant to the notice, the Respondent No. 5/Commissioner 3 removes the house and shop over the subject land, the petitioner will be adversely effected. 5. Learned counsel for the Respondent No. 5 submits that he has made query to the Sub-Divisional Officer (Revenue), Durg and he has been informed that the appeal is filed by the petitioner and further intimated that on the date of filing of the appeal, Presiding Officer was not available at the place of posting and therefore, the appeal could not be registered. 6. I have heard learned counsel for the parties and also perused the documents placed on record. 7. Taking into consideration, facts and circumstances of the case, submission of counsel for the respective parties and further considering that the petitioner has already filed appeal before Appellate Authority which is pending consideration (First Appeal), the submission of Mr. T.K. Jha, Counsel appearing for petitioners in WP (C) No. 6055/2025, this writ petition is disposed of at this stage directing the Sub-Divisional Officer (Revenue), Durg, District – Durg to register the appeal filed by the petitioner and to consider and take decision on the interim application for grant of stay pending before him expeditiously, preferably within a period of 02 weeks and till decision on the application for grant of interim relief/stay as submitted by the petitioner before the Sub-Divisional Officer (Revenue), Durg is taken, the parties are directed to maintain status quo as it exists today with respect to the possession of the petitioner over the land bearing Khasra No. 194/1 admeasuring 1.3680 hectares at Ward No. 50, Borsibhatha, Durg subject matter of writ petition. 8. With the aforesaid observation and directions, this writ petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Dey