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2026 DAILYLAW 12462 (CHH)

PURUSHOTTAM KURRE v. STATE OF CHHATTISGARH

WPC/426/2026 · 2026-02-02

Shri Rakesh Mohan Pandey

Transfer Petitionbody2026

Judgment text

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1 2026:CGHC:5949 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 426 of 2026 Purushottam Kurre S/o Suhulal Kurre Aged About 55 Years By Caste Satnami, R/o Village Rajpur, Tahsil Takhatpur, District Bilaspur (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Revenue, Mahanadi Bhawan Atal Nagar, Naya Raipur, District Raipur Chhattisgarh. 2 - Collector Bilaspur, District Bilaspur Chhattisgarh 3 - Sub Divisional Officer (Rev) Takhatpur District Bilaspur Chhattisgarh. 4 - Tahsildar Tahsil Takhatpur, District Bilaspur Chhattisgarh. 5 - Incharge Jamadar Mal Tahsil Takhatpur, District Bilaspur Chhattisgarh. 6 - Maa Mahamaya Samiti Through Its President Maa Mahamaya Samiti At Village Rajpur, Tahsil Takhatpur, District Bilaspur (C.G.) ... Respondent(s) For Petitioner : Mr. Syed Afaque Hussain Rizvi, Advocate For State : Ms. Poorva Tiwari, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 03/02/2026 1. The petitioner has filed this petition seeking the following relief: “10. i) That, this Hon'ble Court may kindly be pleased to quash and set-aside impugned eviction warrant dated 17.11.2025 (Annexure P-1) issued by the respondent no. 4, in the interest of justice. Digitally signed by NADIM MOHLE 2 (ii) That, this Hon'ble Court may kindly be pleased to issue the writ order or directions to the respondents authorities to provide rehabilitation before removing the land, in the interest of justice. (iii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.” 2. Learned counsel for the petitioner would submit that a proceeding under Section 248 of the CGLRC was initiated and an order of eviction was passed against the petitioner by the concerned Tehsildar on 12.11.2025. He would further submit that pursuant to the said order, an eviction warrant was issued by the Tehsildar on 17.11.2025, against which the present petition has been filed. He would also submit that the petitioner is residing over the Government land along with his family for the last 30 to 35 years; thus, he prays for quashment of the aforesaid orders. 3. On the other hand, the State Counsel would submit that the impugned order(s) are appealable under the provisions of Section 44 of the CGLRC; thus, the present petition is not maintainable. 4. Taking into consideration the submissions advanced on behalf of the respective counsels, the present writ petition is disposed of reserving liberty in favour of the petitioner to prefer a duly constituted appeal before the Sub-Divisional Officer (Revenue) in accordance with Section 44 of the CGLRC, along with an application for grant of interim stay. 5. If such appeal along with the stay application is filed before the authority concerned, it is expected that the said authority shall decide the same strictly in accordance with law. 6. With the aforesaid observation(s) and direction(s), this petition is hereby disposed of. Sd/- Rakesh Mohan Pandey JUDGE Nadim