1 2025:CGHC:9809 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1089 of 2025 1 - Kishore Kumar S/o Salik Ram Aged About 47 Years Village Sakariya, Tahsil Podi (Bachara) District Koriya (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Revenue Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Collector, Koriya District Koriya, (C.G.) 3 - Sub Divisional OfÏcer (Revenue) Baikunthpur District Koriya (Chhattisgarh) 4 - Tahsildar, Podi(Bachara) District Koriya, (Chhattisgarh) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Ishwar Jaiswal, Advocate. For Respondent/State : Shri Santosh Bharat, Panel Lawyer. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.02.28 17:26:40 +0530 2 Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 27.02.2025 1. By the present writ petition, the petitioner is questioning the notice dated 26.12.2024, by which the Tehsildar has directed the petitioner to remove the illegal encroachment pursuance to the order passed by the Tehsildar under a proceeding under Section 248 of CGLRC dated 08.08.2024. 2. Learned counsel for the petitioner submits that the petitioner has submitted an application before the SDO questioning the notice, however the order dated 08.08.2024 has not been challenged before the SDO by filing an appeal under Section 44 A of the CGLRC. 3. Learned counsel for the State would submit that the petitioner has submitted an application dated 02.12.2024 before the SDO questioning the notice of Tehsildar, whereas the petitioner has to challenge the order 08.08.2024 before the SDO, hence the writ petition filed by the petitioner questioning the notice dated 26.12.2024 is not maintainable. 4. I have heard learned counsels for the parties and perused the notice as well as order dated 08.08.2024. 5. By the order dated 08.08.2024, the Tehsildar has passed an order of removal of illegal encroachment under Section 248 of the CGLRC and subsequent to the same the notice dated 26.12.2024 has been issued by the Tehsildar District Korea. As the petitioner has not 3 questioned the order under Section 248 of CGLRC passed by the Tehsildar and the petitioner has only challenged the notice dated 26.11.2024, the petitioner is directed to approach the SDO by filing an appeal before the SDO questioning the order dated 08.08.2024 passed by the Tehsildar within a period of 5 days and the SDO is directed to consider the application (Annexure P/4) which has been filed by the petitioner for stay of the notice within a further period of 5 days and the SDO may consider the appeal, if any, filed by the petitioner in accordance with law. 6. With the aforesaid direction, the writ petition is disposed of. Sd/- (Bibhu Datta Guru) Judge Shoaib