1 2026:CGHC:4858 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 362 of 2026 1. Shani Dev S/o Krishnarayan Aged About 34 Years R/o Ward No. 11, Sattipara, Baikunthpur, District Koriya C.G. 2. Laalchandr S/o Nahar Sai Aged About 45 Years R/o Ward No. 11, Sattipara, Baikunthpur, District Koriya C.G. 3. Krishna S/o Mahi Lal Aged About 41 Years R/o Ward No. 11, Sattipara, Baikunthpur, District Koriya C.G. 4. Ajay Kumar S/o Chhatra Pal Aged About 35 Years R/o Ward No. 11, Sattipara, Baikunthpur, District Koriya C.G. 5. Rameshwar S/o Chhatra Pal Aged About 38 Years R/o Ward No. 11, Sattipara, Baikunthpur, District Koriya C.G. 6. Babu Lal S/o Pran Say Aged About 57 Years R/o Ward No. 11, Sattipara, Baikunthpur, District Koriya C.G. 7. Mithleshwar Sarthi S/o Rajpal Sarthi Aged About 34 Years R/o Ward No. 11, Sattipara, Baikunthpur, District Koriya C.G. 8. Akhilesh S/o Ajay Kumar Aged About 22 Years R/o Ward No. 11, Sattipara, Baikunthpur, District Koriya C.G. ... Petitioners. Versus 1. State Of Chhattisgarh Through Secretary Revenue And Disaster Management Department, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur C.G. 2. Collector, Baikunthpur, Koriya, District Koriya C.G. 3. Sub Divisional Officer Baikunthpur, District Koriya C.G. 4. Tehsildar, Baikunthpur, District Koriya C.G. 5. Secretary Gram Panchayat Jharanapara, Block Baikunthpur, District Koriya C.G. 6. Preet Kumar Paikra, Sarpanch, Gram Panchayat Jharanapara, Block Baikunthpur, District Koriya C.G. 7. Mohit Ram Paikra, President Jila Panchayat Koriya, R/o Amapara, Post Patharapali, Tehsil Baikunthpur, District Koriya C.G. ... Respondents. (cause title downloaded from CIS Periphery) For Petitioners : Mr. Prateek Singh Thakur, Advocate. For Res No.1 to 5/State : Mr. Keshav Gupta, Govt. Advocate. Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2026.01.30 16:39:38 +0530 2 (Hon’ble Shri Justice Naresh Kumar Chandravanshi ) Order on Board 29/01/2026 1. This Writ Petition under Article 226 of the Constitution of India has been filed for the following reliefs:- "10.1 That, this Hon'ble Court may kindly pleased to refrain the respondents authorities for carrying any demolition of the houses and other construction over the land khasra no 260 village Sattipara Tehsil Baikunthpur District Koriya, in the interest of Justice. 10.2 That, this Hon'ble Court may kindly pleased to direct the respondents authorities for deciding the application for grant of permanent lease filed by the petitioners till then refrain them from demolition over the land khasra no 260 village Sattipara Tehsil Baikunthpur District Koriya, in the interest of Justice. 10.3 That, any other relief which this Hon'ble Court may deem fit and just in the facts and circumstances of the case." 2. Learned counsel for the petitioners submits that the petitioners are landless persons although they are having peaceful possession over some part of land bearing Khasra No.260 admeasuring 1.04 hectares in Village Sattipara, Tahsil Baikunthpur, District Koriya which is a Abadi Land. Petitioners and their predecessors have constructed house on the aforesaid land prior to more than 70 years and in some portion of the said land they have been doing cultivation since about 5 decades, but only on account of complaint made by President, Jila Panchayat Koriya and other local villagers, the Tahsildar, Baikunthpur without any fault on their part initiated revenue proceeding since 09.09.2025 in Revenue Case No.202510013500013/A-68/2025-26. He further submits that the Authorities have demolished the petitioner's shade 3 and covered the standing paddy crops with soil, essentially destroying the harvest. The petitioner is being deprived of their rights without due process of law, as the Revenue Case is still pending decision before the concerned Tahsildar. He also submits that the petitioners have also made an application before the Collector, Baikunthpur, District Koriya on 17.06.2025 (Annexure- P/3) for grant of lease to the petitioners on the above land bearing Khasra No.260, however, the same has not been decided yet. Hence, he prayed that appropriate direction may be issued to decide application (Annexure-P/3) and meanwhile interim protection may be given to the petitioners. 3. Per contra, learned State counsel submits that on the subject land, lands bearing Khasra No.260 along with Khasra No.32 & 33 have been allotted to Adim Jati Sewa Sahkari Samiti of Village Panchayat Jharnapara upon which the petitioners have encroached, therefore, the said revenue proceeding has been initiated against them by Tahsildar, Baikunthpur. In the said proceedings, the petitioners have also entered their appearance. He further submits that since encroachment proceeding has already been initiated, the issue of the petitioners can be considered and decided only by Tahsildar in accordance with law. Hence, at this stage present petition is not maintainable. 4. Heard learned counsel for the parties and perused the documents annexed with the petition. 5. According to contention of the petitioners, the petitioners and their ancestors have been in possession of land bearing Khasra No.260, Area 1.04 hectares in Village Sattipara, Tahsil Baikunthpur since more than 5 decades. Further, revenue proceeding has already been initiated against them in Revenue Case 4 No.202510013500013/A-68/2025-26 before the Tahsildar, Bakunthpur, District Koriya. Therefore, the competent Authority to decide their issue is concerned Tahsildar after providing due opportunity to the petitioners. Furthermore, the petitioners have already entered their appearance in the above revenue case. Hence, at this juncture, this Court is not inclined to entertain this petition keeping in view the fact that revenue case is already pending consideration. 6. However, it is observed that since the petitioners have filed application (Annexure-P/3) before the Collector Baikunthpur, District Koriya on 17.06.2025 for grant of Patta, therefore, the concerned Collector is directed to consider and decide application (Annexure-P/3) in accordance with law. After decision of said application by the Collector, the Tahsildar Baikuthpur may carry out final proceeding in above revenue case. 7. Considering the backdrop of the case, it is also directed that till decision of Revenue Case No.202510013500013/A-68/2025-26 before the Tahsildar, Bakunthpur, District Koriya, no coercive steps shall be taken against the petitioners. 8. Pending application(s), if any, stand disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Ajay