1 / 3 2025:CGHC:5731 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 610 of 2025 1 – Sarpanch, Gram Panchayat, Tarighat Tahsil Patan, Office Gram Panchayat, Tarighat, Tahsil Patan, District Durg, Chhattisgarh. ... Petitioner versus 1 - The State Of Chhattisgarh Through Its Secretary Of The Department Of Management, Mahanadi Bhavan, Naya Raipur, District Raipur, Chhattisgarh. 2 - The Sub Divisional Officer (R), Patan, District Durg, Chhattisgarh. 3 - The Collector, Durg, District Durg, Chhattisgarh. 4 - Gendlal Sinha S/o Late Thakuram Sinha Aged About 58 Years Caste Kalar, R/o Tarighat Tahsil Patan, District Durg, Chhattisgarh. 5 - Guman S/o Late Thakuram Sinha, Aged About 57 Years, Caste Kalar, R/o Tarighat Tahsil Patan, District Durg, Chhattisgarh. ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Gurudev I. Sharan, Advocate For Respondents/State : Ms. Anuja Sharma, Panel Lawyer 2 / 3 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 31/01/2025 1. By the present writ petition, the petitioner is questioning the order dated 09/01/2025 (Annexure P/1) passed by respondent No.3/ Collector, Durg whereby the Collector, in the appeal filed by the respondents No.4 & 5 under Section 44(1) of the Chhattisgarh Land Revenue Code, 1959 (CGLRC), has granted interim relief in the favour of respondents No.4 & 5 by directing the parties to maintain status quo. 2. Learned counsel appearing for the petitioner submits that the matter was listed before the Collector on 06/01/2025 wherein the Collector has directed the matter to be listed on 03/02/2025. Though the matter was fixed for 03/02/2025, the Collector took up the matter on 09/01/2025 and without hearing the present petitioner who was respondent in the appeal, passed the interim order in favour of the respondents No. 4 & 5 herein behind the back of the petitioner. He would further submit by referring the order sheets dated 16/12/2024 and 06/01/2025 that both the parties therein were present and the matter was fixed for 03/02/2025. 3. On the last date of hearing, there was a direction to the State counsel to seek instructions about the proceeding dated 09/01/2025. 4. Learned counsel appearing for the State, on instruction, submits that some urgent application was moved by the respondents No.4 & 5 before the Collector and on the said application, the Collector heard the matter and without any notice to the petitioner herein, passed the interim order directing the parties to maintain status quo 3 / 3 over the land in question. Now the matter has been fixed for 03/02/2025. 5. I have heard learned counsel for the parties and perused the documents and the proceeding under Section 44(1) of the CGLRC. 6. From perusal of the order sheets, it appears that the matter was fixed for 06/01/2025 wherein the Collector adjourned the matter for next hearing on 03/02/2025 however the impugned order has been passed on 09/01/2025 granting the interim relief in favour of respondents No.4 & 5 behind the back of the present petitioner who was respondent in that proceeding. 7. As the order has been passed by the Collector by preponing the matter, it was the duty of the Collector to inform the respondents who were parties therein and who were present on 06/01/2025 before him. Hence the order dated 09/01/2025 (Annexure P/1) appears to be arbitrary and illegal and the same deserves to be and is hereby quashed. The Collector is directed to pass a fresh order by hearing both the parties on 3.2.2025. The petitioner is directed to appear before the Collector on the said date and the Collector is also directed to decide the appeal, in accordance with law and on its own merits, within a period of 30 days from the date of receipt of a copy of this order. 8. With the aforesaid observation and direction, this writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar