1 2025:CGHC:48736 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 888 of 2025 Smt. Sushila Dwivedi W/o Dr. M.S. Dwivedi Aged About 81 Years Through Her Attorney Holder Arun Dwivedi, S/o Dr. M.S. Dwivedi, Aged 58 Years, R/o Riddhi Siddhi Campus, Link Road, Camp - 1, Bhilai, Tehsil And District Durg Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Revenue And Disaster Management, Mantralay, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh. 2 - The Commissioner Durg Division, Durg Chhattisgarh. 3 - The Collector District Durg Chhattisgarh. 4 - Sub Divisional Officer (R) Sub Division, Durg, District Durg Chhattisgarh. 5 - The Addl. Tehsildar Bhilai Nagar, District Durg Chhattisgarh. 6 - Jailal Dhiwar S/o Late Firanata R/o Village Dhaur, P.S. Jamul, Tehsil And District Durg Chhattisgarh. 7 - Vishnu Dhiwar S/o Late Firanata R/o Village Dhaur, P.S. Jamul, Tehsil And District Durg Chhattisgarh. 8 - Bahrin Bai W/o Late Firanta R/o Village Dhaur, P.S. Jamul, Tehsil And District Durg Chhattisgarh. 9 - Meena Bai W/o Late Firanta R/o Village Dhaur, P.S. Jamul, Tehsil And District Durg Chhattisgarh. 10 - Jitendra Dhiwar S/o Late Dayaram R/o Village Dhaur, P.S. 2 Jamul, Tehsil And District Durg Chhattisgarh. 11 - Jageshwar Dhiwar S/o Late Dayaram R/o Village Dhaur, P.S. Jamul, Tehsil And District Durg Chhattisgarh. 12 - Dhannu S/o Late Dayaram R/o Village Dhaur, P.S. Jamul, Tehsil And District Durg Chhattisgarh. 13 - Beduram Dhiwar S/o Late Gyan R/o Village Dhaur, P.S. Jamul, Tehsil And District Durg Chhattisgarh. 14 - Abhilesh Dhiwar S/o Late Gyan R/o Village Dhaur, P.S. Jamul, Tehsil And District Durg Chhattisgarh. 15 - Pawan Dhiwar S/o Late Gyan R/o Village Dhaur, P.S. Jamul, Tehsil And District Durg Chhattisgarh. ... Respondent(s) ----------------------------------------------------------------------------------------- For Petitioner : Mr. RK Kesharwani, Advocate. For Respondent-State : Mr. Ajit Singh, GA ----------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 23.09.2025 1. This writ petition has been preferred against the order dated 16.12.2024 (Annexure –P/7) passed by the respondent/Collector, Durg, (CG). 2. Learned counsel for the petitioner would submit that the impugned order is unsustainable and bad in law and deserves to be set aside. 3. Learned State counsel submits that the order passed by the respondent/Collector is appealable before the Commissioner under Section 44(2) of the Chhattisgarh Land Revenue Code, 1959 (for brevity, 'Code of 1959'). 3 4. I have heard learned counsel for the parties and perused the impugned order. 5. Since, the impugned order is appealable before the Commissioner under Section 44(2) of the Code of 1959, this Court is not inclined to entertain this writ petition at this stage. 6. Accordingly, writ petition is disposed of giving liberty to the petitioner to file an appeal under Section 44(2) of the Code of 1959 before the Commissioner concerned within 15 days from today and in-turn Commissioner shall consider and decide the same, expeditiously, in accordance with relevant rule/law/regulation. Till decision on said appeal, no coercive steps shall be taken against the petitioner. 7. However, petitioner will be at liberty to file the fresh petition before this Court, if new cause of action arises in future. CC as per rules. Sd/- Sd/- (Arvind Kumar Verma) Judge J/-