Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 61198 (CHH)

VIKAS SONI v. STATE OF CHHATTISGARH

WPC/6543/2025 · 2025-12-14

Shri Parth Prateem Sahu

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 / 3 2025:CGHC:60949 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6543 of 2025 1 - Vikas Soni S/o Shri Baijnath Soni Aged About 42 Years R/o Ward No. 11, Nawagarh, Thana And Tahsil- Nawagarh, Distt.- Bemetara (C.G.) 2 - Smt. Suman Sahu W/o Shri Dilip Sahu Aged About 36 Years R/o Ward No. 06, Nawagarh, Thana And Tahsil- Nawagarh, Distt.- Bemetara (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue Department, Mantralaya Mahanadi Bhawan, Atal Nagar Nawa Raipur, District Raipur, (C.G.) 2 - Collector Bemetara Distt.- Bemetara (C.G.) 3 - Sub- Divisional Officer (Revenue) Nawagarh, Distt.- Bemetara (C.G.) 4 - Tahsildar Nawagarh Distt.- Bemetara (C.G.) 5 - Gram Panchayat Samesar Through Its Secretary Gram Panchayat Samesar, Janpad Panchayat Nawagarh, Distt.- Bemetara 6 - Devadas S/o Shri Paklu Chaturvedi Aged About 50 Years R/o Village- Chhirkapur, Thana And Tahsil- Nawagarh, Distt. Bemetara (C.G.) Digitally signed by PRAVEEN KUMAR SINHA Date: 2025.12.16 10:51:06 +0530 2 / 3 ... Respondent(s) For Petitioner : Mr. Sunil Sahu, Advocate For State : Mr. Anurag Tripathi, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 15/12/2025 1. Learned counsel for the State raises an objection with regard to maintainability of writ petition on the ground that if petitioners are aggrieved with order passed by Sub Divisional Officer (R) in a revenue proceedings, petitioners are having efficacious alternate remedy to challenge the said order under the Chhattisgarh Land Revenue Code, 1959 (for short “Code of 1959”). 2. Learned counsel for the petitioners submits that petitioners have filed this writ petition on the ground that respondent No.4/ Tahsildar even not granted the breathing time to avail alternate remedy available and further, filing of proceeding and hearing of interim application to be filed before the concerned authority may take some time. He submits that if this Court is not inclined to entertain this writ petition, in view of alternate remedy, petitioners may be permitted to avail other remedy available to them under the law. However, status quo as it exists today with regard to possession of petitioners may be protected for some time till application for grant of interim application is considered and heard by the concerned authority. 3. On due consideration of submissions of learned counsel for the respective parties, this writ petition at this stage is disposed off permitting the petitioners to avail other alternate remedy available to them under the Code of 1959. 3 / 3 4. Considering the submission of learned counsel for the petitioners that by eviction order dated 11.12.2025, placed before this Court for perusal, petitioners were directed to vacate their possession from the property subject matter of writ petition, within a period of three days, it is directed that status quo, as it exists today, shall be maintained by parties for a period of three weeks from today, enabling the petitioners to avail other alternate remedy available under the law and to file appropriate application for grant of interim relief. 5. Registry is directed to return back certified copy of the document enclosed along with this writ petition after retaining photocopy of the same. Sd/- Sd/- (Parth Prateem Sahu) Judge Praveen