1 2026:CGHC:22774 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2446 of 2026 1 - Surya Prakash Singh S/o Rajesh Singh Aged About 24 Years R/o Ropakhar, Rupkhar, Tahsil Mainpath District Surguja Chhattisgarh (Wrongly Mentioned In Eviction Order As Well As Show Cause Notice). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Of The Revenue Department Capital Complex Mahanadi Bhawan, Atal Nagar Raipur District Raipur Chhattisgarh 2 - The Collector Ambikapur District Surguja Chhattisgarh 3 - Sub Divisional Officer (Revenue) Sitapur District Surguja Chhattisgarh 4 - The Tahsildar Mainpath District Surguja Chhattisgarh 5 - The Sarpanch Through Its Gram Sabha Village Ropakhar District Surguja Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Hariom Rai, Advocate. For Respondent(s) : Shri Soumitra Kesharwani, PL. (Hon'ble Shri Amitendra Kishore Prasad, Judge) Order on Board 14/05/2026 1. This Writ Petition has been filed against the show cause notice dated 13.04.2026 (Annexure P/1) by which, Tehsildar Mainpat as asked the petitioner to show cause as to why the petitioner has encroached the land in question. Further, the order dated 30.04.2026 (Annexure P/2) by which Tehsildar Mainpat has directed the petitioner to remove the encroachment made by him within 7 days, otherwise, with the help of Administration it will be removed. 2. Learned counsel for the petitioner submits that petitioner is a resident of village Khopakhar, Tahsil Mainpath, District Surguja Chhattisgarh and is in possession of the land described as Chhote Jhad ka Jungle bearing Khasra No.853, rakba AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.05.16 14:09:07 +0530 2 2.610 hectare for more than 30 years. Learned counsel for the petitioner submits that though he has not filed any reply to the show cause notice dated 13.04.2026, however, he submits that he has filed an application for settlement of the land before the forest authorities way back on 20.03.2023 which is pending for consideration, however, eviction warrant dated 30.04.2026 has been issued against the petitioner, as such, he prays for issuance of direction the competent authorities to decide the application for settlement within a stipulated time period and till the same is decided, some interim protection may be granted in favour of the petitioner. 3. Learned State counsel submits that impugned order suggests that the petitioner is an illegal occupant of the land in question. Learned State counsel submits that the land in question is described as Chote Jhad ka Jungle, which cannot be possessed by the petitioner in any away, as such, possession of the petitioner on the said land cannot be stated to be legal one. 4. Considering the aforesaid aspect of the matter particularly the fact that petitioner has moved an application for settlement of the land before the competent authority, as such, this Court deems it appropriate to direct the competent authority to decide the said application within a period of 90 days from the date of receipt of copy of this order, in accordance with law. Ordered accordingly. 5. With the aforesaid direction, this Writ Petition is disposed of. 6. Till the said application is decided, authorities are directed not to take any coercive steps against the petitioner with regard to eviction from the land in question. Sd/- (Amitendra Kishore Prasad) JUDGE Avinash