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2026 DAILYLAW 17255 (CHH)

BHIMSEN KAHRA v. STATE OF CHHATTISGARH

WPC/794/2026 · 2026-02-22

Shri Naresh Kumar Chandravanshi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:9372 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 794 of 2026 Bhimsen Kahra S/o Late Manihar Kahra, Aged About 78 Years R/o Kahrapara, Ratanpur, Tehsil Ratanpur, District Bilaspur C.G. ... Petitioner versus 1 - State Of Chhattisgarh Thorugh Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Nava Raipur, Distt. Raipur (C.G.) 2 - Collector, Bilaspur, District Bilaspur C.G. 3 - Sub Divisional Officer (Revenue), Bilaspur, District Bilaspur C.G. 4 - The Tehsildar, Ratanpur, District Bilaspur C.G. ... Respondents {Cause title, as taken from CIS} For Petitioner : Mr. Pankaj Singh, Advocate For Respondents : Mr. Purunendra Khichariya, Panel Lawyer. {Hon’ble Mr. Justice Naresh Kumar Chandravanshi) Order on Board 23/02/2026 1. Instant writ petition under Article 226 of the Constitution of India has been preferred by the petitioner seeking following reliefs :- a) Issue an appropriate writ, order, or direction quashing the impugned notice no. A/VA/TH/2026 dated 09.02.2026 (Annexure P/1) issued by the Respondent Tehsildar 2 alleging encroachment over Government land; b) Direct the Respondents to conduct proper demarcation of land bearing Khasra No. 3365 in accordance with law after granting due opportunity of hearing to the petitioner. c) Restrain the Respondents from taking any coercive or demolition action against the Petitioner’s poultry farm without following due process of law; d) Grant any other relief(s) which this Hon’ble Court may deem fit an proper in the facts and circumstances of the case, including interim protection during the pendency of the present petition. 2. At the outset, learned counsel appearing for the petitioner submits that he may be permitted to withdraw this petition with liberty to file appeal under Section 44(1) of the CG Land Revenue Code, 1959 (for brevity, “Code, 1959”) challenging the order dated 30.05.2025 passed by Tahsildar, Ratanpur, District Bilaspur (C.G.) in Revenue case No. 202506072300017/B121/2024-2025. However, he prays that since vide notice (Annexure P-1) dated 09.02.2026, the petitioner has been directed to vacate the alleged encroachment prior to 12.02.2026, therefore, he submits that respondent No. 4 be directed not to effect the notice dated 09.02.2026 (Annexure P-1) for at least 15 days. 3. Counsel for the respondents have no objection to allow the limited prayer made by counsel for the petitioner. 4. On due consideration, this petition stands disposed of granting liberty in favour of the petitioner as sought for. However, it is directed that the impugned eviction notice dated 09.02.2026 (Annexure P-1) shall not come into effect for 15 days from today. It is observed that if the appeal is not filed within the stipulated 3 period, then this interim protection granted in favour of the petitioner shall loose its efficacy. 5. It is made clear that after filing appeal, this interim protection will no longer be available to the petitioner, as relief in this regard may be sought for by him from the concerned appellate authority. 6. With the aforesaid observations & directions, the writ petition stands disposed of. 7. Pending interlocutory application (s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.02.27 13:15:04 +0530