1 2026:CGHC:9165 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 804 of 2026 Bajrang Soni S/o Late Amarnath Soni Aged About 40 Years R/o - Village Makaro, Ranhat, Tehsil Daura - Kochli, District - Balrampur-Ramanujganj, Chhattisgarh. --- Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District - Raipur, Chhatisgarh. 2 - The Collector District - Balrampur-Ramanujganj, Chhattisgarh. 3 - Sub-Divisional Officer (Revenue) Balrampur, District - Balrampur-Ramanujganj, Chhattisgarh. 4 - Tehsildar Daura-Kochli, District - Balrampur-Ramanujganj, Chhattisgarh. --- Respondents For Petitioner : Mr. Lavkush Kumar Sahu, Adv. For Respondents : Mr. Shobhit Mishra, Dy. Govt. Adv. Hon'ble Shri Justice Naresh Kumar Chandravanshi Order On Board 20-2-2026 1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India, seeking following relief(s):- Digitally signed by AVANISH KUMAR PATHAK Date: 2026.02.25 10:50:53 +0530 2 “10.1 Quash the Eviction Warrant dated 12.02.2026 (Annexure P-7) issued by respondent No. 4. 10.2 Direct the Respondents to refrain from taking any coercive action or demolition for a period of 45 days to allow the Petitioner to pursue his statutory appeal. 10.3 Direct Respondents No. 2 & 3 to decide the pending Patta applications (Annexures P-2 & P-3) on merit within a fixed timeline. 10.4 Grant any other relief which the Hon'ble Court deems fit and proper in the interest of justice.” 2. Learned counsel for the petitioner submits that, the petitioner is in possession of 0.55 hectare of government land bearing Khasra No. 400/1 situated at Patwari Halka No. 2, village Daura-Kochali, Distt. Balrampur-Ramanujganj since time of his ancestors i.e. since last about 65 years. He has also constructed a mud house in some portion of the land and in remaining portion, he is farming. He further submits that, petitioner has filed an application (Annexure P-3) for grant of lease (Patta) of aforesaid land before the Collector, Balrampur, on 28- 10-2025, but the same has not been decided yet, rather Revenue case bearing No. 202602270200001/A-68/2025-26 was registered against the petitioner by the respondent No. 4/Tehsildar, Daura-Kochli in which eviction order dated 12-2-2026 has been passed against him without providing due opportunity of hearing to him. In pursuance of eviction order dated 12-2-2026, eviction warrant (Annexure P-7) dated 12-2- 2026 has been issued directing the petitioner to vacate the land within 3 8 days whereas in WP (Civil) No. 295/2022 (in Re : Directions in the matter of demolition of structures with Writ Petition (Criminal) NO. 162 OF 2022 and Writ Petition (Civil) NO. 328 OF 2022, Hon’ble Supreme Court has held that, for removal of possession, at least 15 days time should be given from the date of service of notice. He further submits that, the petitioner wants to file an appeal challenging the order dated 12-2-2026 passed by the respondent No. 4, hence he prays that this writ petition may be disposed of directing respondent authorities not to effect the eviction warrant dated 12-2-2026 (Annexure P-7) at least till filing of the appeal. 3. Learned counsel appearing for the State, on instruction, submits that, respondent authorities are not taking any action in respect of eviction warrant (Annexure P-7) dated 12-2-2026. He further submits that, he has not objection to allow the limited prayed made by learned counsel for the petitioner. 4. Heard learned counsel for the parties. 5. Perusal of the record shows that, vide order dated 12-2-2026 passed in Revenue case No. 202602270200001/A-68/2025-26 by the respondent No. 4/Tehsildar, Daura-Kochli, the petitioner has been held to be encroacher of government land bearing Khasra No. 400/1 area 0.55 hectare, out of 2.88 hectare. In the case of in Re : Directions in the matter of demolition of structures (supra), Hon’ble Supreme Court has held that, for removal of illegal possession, at least 15 days time should be given from the date of service of notice, but in the instant case, only 8 days time has been granted to the petitioner. 4 Learned counsel for the petitioner has contended that the petitioner wants to challenge the order dated 12-2-2026 passed in aforesaid revenue case, therefore, this writ petition is disposed of granting liberty in favour of the petitioner to file appeal before the concerned authority under the provisions of CG Land Revenue Code, 1959 within 30 days from today and in between, the respondent No. 4 is directed to stay the effect and operation of the eviction warrant dated 12-2-2026 (Annexure P-7) i.e. till 30 days. It is made clear that if the petitioner does not file the appeal within 30 days from today, then this order shall loose its efficacy. 6. With aforesaid observations and directions, the writ petition stands disposed of. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge pathak