Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:10365
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 899 of 2026 Manish Pandey S/o Rajendra Prasad Pandey Aged About 51 Years R/o Diet Colony, Palgawa, Tahsil- Pendra, District- Gaurela-Pendra-Marwahi (C.G.)
... Petitioner versus 1 - State Of Chhattisgarh Through- The Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Nawa Raipur, Distt- Raipur (C.G.) 2 - Commissioner Bilaspur Division- Bilaspur, Distt- Bilaspur (C.G.) 3 - The Collector Pendra Road District- Gaurela-Pendra-Marwahi (C.G.) 4 - Sub Divisional Officer (Revenue) Pendra Road, District- Gaurela-Pendra- Marwahi (C.G.) 5 - Tahsildar-Pendra District- Gaurela-Pendra-Marwahi (C.G.) 6 - Station House Officer Police Station Pendra, District- Gaurela-Pendra-Marwahi (C.G.) 7 - Balram Joshi S/o Late Brijmohan Joshi Aged About 50 Years R/o Village And Post- Amarpur, Tahsil- Pendra, District- Gaurela-Pendra-Marwahi (C.G.) 8 - Babulal Gupta S/o Late Keshav Prasad Gupta Aged About 55 Years R/o Village And Post Amarpur, Tahsil- Pendra, District- Gaurela-Pendra-Marwahi (C.G.) 9 - Nandkumar Gupta S/o Late Shankar Lal Gupta Aged About 55 Years R/o Village And Post- Amarpur, Tahsil- Pendra, District- Gaurela-Pendra-Marwahi (C.G.) 10 - Hemdas Sahu S/o Late Lakkhuram Sahu Aged About 70 Years R/o Village And Post Amarpur, Tahsil Pendra, District- Gaurela-Pendra-Marwahi (C.G.) 11 - Rajesh Kori S/o Late Buddhu Kori Aged About 50 Years R/o Village And Post Amarpur, Tahsil- Pendra, District- Gaurela-Pendra-Marwahi (C.G.)
... Respondents For Petitioner : Mr. Yogendra Chaturvedi, Advocate For Respondents 1 to 6/State : Mr. Soumitra Kesharwani, Panel Lawyer BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.02.28 16:37:28 +0530
2 (Hon’ble Shri Justice Naresh Kumar Chandravanshi)
Order on Board 27.02.2026
1. By way of this writ petition under Article 226 of the Constitution of India, the petitioner prays for a direction to the Commissioner/respondent No.2 to decide the appeals bearing (1) Case No.202411990200023/A-68/2024-25; (2) Case No.202411990200022/A-68/2024-25;(3) Case No.202411990200020/A- 68/202-25 & (4) Case No.202411990200021/A-68/2024-25, expeditiously.
2.
Learned counsel for the petitioner submits that upon a complaint made by the petitioner, revenue proceedings were initiated against private respondents No.7 to 11 under Section 248 of the CG Land Revenue Code, 1959 by the Tahsildar-Pendra, wherein an order of eviction was passed against respondents No.7 to 11. The matter was subsequently travelled upto the Commissioner, Bilaspur Division, Bilaspur. It is further submitted that since the revenue authorities are not taking proper steps to decide the revenue proceedings, various writ petitions, including contempt petition, have been filed by the parties. Ultimately, the appeals bearing (1) Case No.202411990200023/A-68/2024-25; (2) Case No.202411990200022/A- 68/2024-25; (3) Case No.202411990200020/A-68/202-25 & (4) Case No.202411990200021/A-68/2024-25 are pending consideration before respondent No.2/Commissioner, Bilaspur Division, but the same have not yet been decided. Therefore, learned counsel submits that respondent No.2/ Commissioner, Bilaspur Division may be directed to decide aforesaid appeals expeditiously.
3. In reply, learned counsel for the State submits that aforesaid appeals are pending consideration in the Court of Upper Commissioner, but at present, post of Upper Commissioner is vacant, therefore, aforesaid appeals
3 have not yet been decided. However, he submits that in absence of Upper Commissioner, appeals shall be decided by the Commissioner, Bilaspur Division, Bilaspur, expeditiously.
4. Heard learned counsel for the parties and perused the material available on record.
5. The petitioner has filed order sheets, which show that said appeals are pending since November 2024. Thus, more than one year has passed, yet the same have not been decided. Though the appeals are stated to be pending before the Upper Commissioner, as contended by learned Counsel for the State, if the post of Upper Commissioner is presently vacant, the Commissioner ought to have considered and decided the above mentioned appeals and merely because the post of Upper Commissioner is vacant, the appeals cannot be kept pending. In such situation, the Commissioner ought to have withdrawn those cases and considered the same expeditiously.
6. Having considered the aforesaid facts and contention of learned counsel for the parties, this petition is disposed of at this stage, directing the Commissioner, Bilaspur Division, Bilaspur (CG) to decide appeal bearing (1) Case No.202411990200023/A-68/2024-25;(2) Case No.202411990200022/A- 68/2024-25; (3) Case No.202411990200020/A-68/202-25 & (4) Case No.202411990200021/A-68/2024-25, expeditiously, preferably within a period of 60 days from the date of receipt of a copy of this Order.
7. With aforesaid direction and observation, instant writ petition stands
disposed of.
8. Pending interlocutory application(s), if any, stands disposed of. Sd/ (Naresh Kumar Chandravanshi) Judge Bini