1 2025:CGHC:56506 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6055 of 2025 1 - Khomlal S/o Late Saradhu Aged About 43 Years R/o Ward No. 50, Borsibhatha, Durg, District - Durg Chhattisgarh ... Petitioner Versus 1 - State Of Chhattisgarh Through Principal Secretary, Urban Development, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 2 - Collector Durg, District Durg Chhattisgarh 3 - Tahsildar Durg, District Durg Chhattisgarh 4 - Nagar Palika Nigam Durg Through Commissioner, Durg, District Durg Chhattisgarh 5 - Smt. Suman Nadesan Unni W/o K. Krishnan Unni Aged About 56 Years R/o Quarter No. 4/a, Street No. 35, Sector-10, Bhilai, District Durg Chhattisgarh ... Respondents For Petitioner : Mr. T.K. Jha, Advocate For Respondents No. 1 to 3/State : Mr. Akhilesh Kumar, Government Advocate For Respondent No. 4 : Ms. Ashley Shrivaastava, Advocate on behalf of Mr. Dheeraj Wankhede, 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:- 2 “10.1 That, the Hon’ble Court may kindly be pleased to call for the entire record pertaining to the instant case. 10.2 That, the Hon’ble Court may kindly be pleased to allow this petition and set-aside the order and notice dated 28.10.2025 (Annexure P/1 colly), as well as eviction notice dated 12.11.2025 (Annexure P/2), in the interest of justice. 10.3 Any other relief which this Hon’ble Court deems fit and proper in the facts and circumstances of the case may also be provided to the petitioners.” 2. This writ petition is filed against the order dated 28.10.2025 (Annexure P/1) passed by the Respondent No. 3/Tehsildar for vacating the premises of the petitioner within 15 days and notice dated 12.11.2025 (Annexure P/2) passed by the Respondent No. 4/Commissioner for eviction within 03 days. 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 appeal as provided under Section 44 of the Chhattisgarh Land Revenue Code, 1959 has been filed before the Sub-Divisional Officer (Revenue), however, the receipt has not been given. He also pointed out that in one of the identical case which is registered and decided by the same authority with regard to the similar location, appeal was filed on 14.11.2025 but till date, that appeal is also not registered. He contended that pursuant to the order passed by the Respondent No. 3/Tehsildar, the Respondent No. 4/Commissioner has issued the notice dated 12.11.2025 (Annexure P/2) for removing the construction and only 03 days time has been given, if the interim protection as prayed for in application for grant of interim relief/stay is not granted, then, the petitioner will suffer adversely. 5. I have heard learned counsel for the parties and also perused the documents placed on record. 3 6. Taking into consideration, facts and circumstances of the case, submission of counsel for the respective parties and further considering the submission made by the counsel for petitioner and also, the submission of Mr. Anand Dadariya, Counsel appearing for petitioners in WP (C) No. 6112/2025, 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 submitted by the petitioner before the Sub-Divisional Officer (Revenue), Durg is taken, parties are directed to maintain status quo as it exists today with respect to the possession of petitioner over the land at Ward No. 50, Borsibhatha, Durg subject matter of writ petition. 7. With the aforesaid observation and directions, this writ petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY