1 2026:CGHC:22821 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2483 of 2026 1 - Shri Hashib Shah S/o Late Rajid Aged About 48 Years R/o Village- Ropakhar Tahsil- Mainpath District- Surguja (C.G.). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Of The Revenue Department Capital Complex Mahanadi Bhawan Atal Nagar Raipur, District- Raipur (C.G.). 2 - The Collector Ambikapur District Surguja (C.G.). 3 - Sub-Divisional Officer (Revenue) Sitapur District- Surguja (C.G.). 4 - The Tahsildar Mainpath District- Surguja (C.G.). 5 - President Forest Right Committee Village- Ropakhar Tahsil- Mainpath District- Surguja (C.G.). ... Respondent(s) For Petitioner(s) : Ms. Kusum Lalchandani, Advocate. For Respondent(s)/State : Dr. Arham Siddiqui, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 14/05/2026 1. By way of this petitioner, the petitioner has prayed for following reliefs:- “10.1 The Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 present Petitioner from the Respondent authorities concerned for kind perusal. 10.2 The Hon'ble High Court may kindly be pleased to issue writ / writs, order / orders, direction / directions, and set- aside impugned order dated 07.05.2026 (Annexure P-1) issued by the Respondent No.04, 'in the interest of justice. 10.3 That this Hon'ble court may further be pleased to direct the respondent authority to grant the lease to the petitioner or pass any other order in favour of petitioner as it may deem fit and proper under the facts and circumstances of the case with cost. 10.4 Pass any other order under the facts and circumstances of the case, in the interest of justice.” 2. Learned counsel for the petitioner submits that the petitioner had submitted an application before the concerned Forest Authorities seeking grant of patta in his favour in respect of the land which has allegedly been in his possession as an encroacher since 20.03.2020, and the said application is still pending consideration before the competent authority. It is further submitted that without deciding the aforesaid pending application, the concerned authorities have issued a show cause notice dated 16.04.2026 against the petitioner. Learned counsel for the petitioner further submits that the petitioner has not yet submitted any reply to the 3 said show cause notice and, thereafter, an eviction warrant dated 07.05.2026 has also been issued against the petitioner for removal of the alleged encroachment. Being aggrieved by the aforesaid action of the respondent authorities, the present petition has been filed before this Court. 3. On the other hand, learned counsel appearing for the State fairly submits that he does not oppose the limited prayer made on behalf of the petitioner. 4. I have heard learned counsel for the parties and have perused the material available on record. 5. Considering the facts and circumstances of the case, and further taking into consideration the limited grievance raised by the petitioner, this Court deems it appropriate to direct the petitioner to submit an appropriate reply to the show cause notice dated 16.04.2026 as well as to the eviction warrant dated 07.05.2026, strictly in accordance with law, before the concerned Tahsildar. The petitioner is further directed to file the aforesaid reply/application within a period of 10 days from the date of receipt of a certified copy of this order. Upon such filing, the concerned Tahsildar shall consider and decide the same, in accordance with law, after affording due opportunity of hearing to the petitioner, within a further period of 30 days thereafter. 6. Till then, no coercive steps shall be taken against the petitioner in respect of subject land. 4 7. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat