1 2025:CGHC:5823 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 689 of 2025 1. Lakhan Lal Agrawal S/o Ramchandra Agrawal Aged About 58 Years R/o Nehru Ward, Ambikapur, District Surguja Chhattisgarh --- Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretory Urban Development Department, Mahanadi Bhawan Atal Nagar Naya Raipur Chhattisgarh 2. The Collector, Ambikapur District Surguja Chhattisgarh 3. S.D.O. Ambikapur District Surguja Chhattisgarh 4. Tahsildar, Ambikapur District Surguja Chhattisgarh --- Respondent(s) WPC No. 690 of 2025 1. Amir Mohammad S/o Sarif Mohammad Aged About 70 Years R/o Nehru Ward, Ambikapur, District Surguja Chhattisgarh ---Petitioner(s) Versus 1. State Of Chhattisgarh Through The Secretory Urban Development Department, Mahanadi Bhawan Atal Nagar Naya Raipur Chhattisgarh 2. The Collector, Ambikapur District Surguja Chhattisgarh 3. S.D.O. Ambikapur District Surguja Chhattisgarh 4. Tahsildar, Ambikapur District Surguja Chhattisgarh --- Respondent(s) 2 WPC No. 691 of 2025 1. Asha Singh D/o Late Dinesh Singh Aged About 51 Years R/o Nehru Ward, Ambikapur, District Surguja Chhattisgarh ---Petitioner(s) Versus 1. State Of Chhattisgarh Through The Secretory Urban Development Department, Mahanadi Bhawan Atal Nagar Naya Raipur Chhattisgarh 2. The Collector, Ambikapur District Surguja Chhattisgarh 3. S.D.O. Ambikapur District Surguja Chhattisgarh 4. Tahsildar, Ambikapur District Surguja Chhattisgarh --- Respondent(s) WPC No. 693 of 2025 1. Vindhyacal Singh S/o Janak Singh Aged About 79 Years R/o Nehru Ward, Ambikapur, District Surguja Chhattisgarh ---Petitioner(s) Versus 1. State Of Chhattisgarh Through The Secretory Urban Development Department, Mahanadi Bhawan Atal Nagar Naya Raipur Chhattisgarh 2. The Collector, Ambikapur District Surguja Chhattisgarh 3. S.D.O. Ambikapur District Surguja Chhattisgarh 4. Tahsildar, Ambikapur District Surguja Chhattisgarh --- Respondent(s) WPC No. 695 of 2025 1. Asha Jaysawal W/o Dhirendra Jaysawal Aged About 51 Years R/o Nehru Ward, Ambikapur, District Surguja Chhattisgarh ---Petitioner(s) Versus 1. State Of Chhattisgarh Through The Secretory Urban Development Department, Mahanadi Bhawan Atal Nagar Naya Raipur Chhattisgarh 3 2. The Collector, Ambikapur District Surguja Chhattisgarh 3. S.D.O. Ambikapur District Surguja Chhattisgarh 4. Tahsildar, Ambikapur District Surguja Chhattisgarh --- Respondent(s) WPC No. 696 of 2025 1. Manoj Kumar Singh S/o Devraj Singh Aged About 53 Years R/o Nehru Ward, Ambikapur, District Surguja Chhattisgarh ---Petitioner(s) Versus 1. State Of Chhattisgarh Through The Secretory Urban Development Department, Mahanadi Bhawan Atal Nagar Naya Raipur Chhattisgarh 2. The Collector, Ambikapur District Surguja Chhattisgarh 3. S.D.O. Ambikapur District Surguja Chhattisgarh 4. Tahsildar, Ambikapur District Surguja Chhattisgarh --- Respondent(s) For Petitioner(s) : Shri Bhupendra Singh & Shri Anuj Kumar Pandey, Advocates For Respondent/State : Shri Praveen Das, Dy. Adv. General Order on Board By Bibhu Datta Guru, J. 31/1/2025 1. Since the facts and grounds involved in all these petitions is similar, they are being considered and decided by this common order. For the sake of convenience, the pleadings and documents of WPC No.689 of 2025 are being referred. 2. By the present petitions, the petitioners are questioning the eviction notice dated 30-12-2024 which has been issued by the Tahsildar, Ambikapur, District Surguja, pursuance to the proceedings under 4 Section 248 of the Chhattisgarh Land Revenue Code, 1959 (for short ‘the CGLRC’). 3. Learned counsel appearing for the petitioners would submit that the impugned eviction notice, which has been issued by the Tahsildar, was challenged before the SDO in appeal, however, the said appeal has been dismissed by order dated 17-1-2025 and the said order is under challenge before the Commissioner, Surguja Division. He would further submit that albeit the petitioners are having possession over the Government land, but for issuance of patta under the circular dated 11-9-2019 issued by the Department of Revenue & Disaster Management, Government of Chhattisgarh is under scrutiny of the Commissioner, and, as such, issuance of the impugned eviction notice dated 30-12-2024, at this stage, is bad in law. 4. Learned counsel appearing for the State, per contra, would submit that as far as pendency of proceedings before the Divisional Commissioner for grant of patta pursuant to the circular dated 11-9-2019 is concerned, the same has already been superseeded by circular of the State Government dated 23-7-2024 and the scheme under which the petitioners are approached the Commissioner for grant of patta has been withdrawn. In respect of pendency of revision before the Commissioner against the eviction notice as well as the appellate order, learned counsel would submit that issuance of eviction notice is just and proper, warranting no interference of this Court. 5. I have heard learned counsel appearing for the parties and perused the documents. 6. From perusal of eviction notice by which the Tahsildar has directed the petitioners to remove the illegal encroachment over the Government land by 10th January, 2025, it is not in dispute that the petitioners have approached the Revenue authorities for grant of patta under the scheme formulated by the State Government by its circular dated 11-9-2019 and the same is under scrutiny of the Divisional Commissioner. The petitioners are also questioning the eviction notice as well as the order passed by the SDO by filing a revision before the 5 Commissioner on 28-1-2025, which is also still pending consideration before the said authority. 7. Having considered the entire facts and circumstances of the case particularly considering the fact that the revision for grant of patta and against the eviction notice is pending consideration before the Commissioner, Surguja Division, the said authority is directed to conclude the revision filed by the petitioners by 18 th February, 2025 by passing a speaking and reasoned orders, in accordance with law and on its own merits, and after affording due opportunity of hearing to the petitioners. Till then the impugned eviction notice, issued in respect of all the petitioners, shall remain stayed. The petitioner are directed to appear before the Commissioner, Surguja Division, Ambikapur (Surguja) on Tuesday i.e. 4 th February, 2025 . 8. With the aforesaid observations, all the petitions stand disposed of. 9. Certified copy today. Sd/- (Bibhu Datta Guru) Judge Gowri K GOWRI SANKARA RAO Digitally signed by K GOWRI SANKARA RAO Date: 2025.01.31 16:26:13 +0530