Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 20194 (CHH)

ILIJABETH TIGGA v. STATE OF CHHATTISGARH

WPC/2510/2026 · 2026-05-14

Shri Amitendra Kishore Prasad

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:23132 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2498 of 2026 Kersensiya Kerketta W/o Isdor Kerketta Aged About 40 Years R/o Village- Gangapur, Nalapara Road, Ambikapur, District- Surguja (C.G.) --- Petitioner(s) Versus 1 - State Of Chhattisgarh Through- Secretary, Revenue And Disaster Management Department, Mantralaya, Mahanadi Bhawan, Capital Complex, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - Collector Surguja Ambikapur, District- Surguja (C.G.) 3 - Tahsildar Nazul, Ambikapur, District- Surguja (C.G.) --- Respondent(s) WPC No. 2514 of 2026 Anand Giri S/o Ramcharitra Giri Aged About 37 Years R/o Village Gangapur, Nalapara Road, Ambikapur, District Surguja (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Revenue And Disaster Management Department, Mantralaya, Mahanadi Bhawan, Capital Complex, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Collector, Surguja Ambikapur Disrict Surguja (C.G.) 3 - Tahsildar, Nazul, Ambikapur District Surguja (C.G.) --- Respondent(s) WPC No. 2510 of 2026 Ilijabeth Tigga W/o Late Asit Tigga Aged About 37 Years R/o Nalapara, Village Gangapur Khurd, Ambikapur, District Surguja (C.G.) ---Petitioner(s) YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.05.15 18:19:50 +0530 2 Versus 1 - State Of Chhattisgarh Through Secretary, Revenue And Disaster Management Department, Mantralaya, Mahanadi Bhawan, Capital Complex, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Collector Surguja Ambikapur, District Surguja (C.G.) 3 - Tahsildar Nazul, Ambikapur, District Surguja (C.G.) --- Respondent(s) WPC No. 2505 of 2026 1 - Victoria Bara W/o Titus Bara, Aged About 60 Years R/o Village Gangapur, Nalapara, Road Ambikapur, District- Surguja (C.G.) 2 - Theodor Toppo S/o Dukalu Toppo Aged About 66 Years R/o Village Gangapur, Nalapara, Road Ambikapur, District- Surguja (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Revenue And Disaster Management Department Mantralaya, Mahanadi Bhawan, Capital Complex, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - Collector, Surguja Ambikapur, District- Surguja (C.G.) 3 - Tahsildar. Nazul, Ambikapur, District- Surguja (C.G.) ... Respondent(s) (Cause-title taken from Case Information System) For Petitioners : Ms. Jigyasa Singh, Advocate For Respondents/State : Mr. Arham Siddiqui, Mr. Shreyansh Mehta, and Mr. Anadi Sharma, Panel Lawyer 3 Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 15.05.2026 1. Since common questions of fact and law are involved in all these writ petitions, they were heard analogously and are being disposed of by this common order. 2. After arguing the matters at length, learned counsel appearing for the petitioners seek permission of this Court to withdraw the present batch of writ petitions with liberty to approach the competent authority/forum by filing appropriate applications ventilating their respective grievances. It is submitted that in some of the matters, consequential orders/notices have already been issued by the concerned Tahsildar pursuant to proceedings initiated under Section 248 of the Chhattisgarh Land Revenue Code, 1959. Learned counsel for the petitioners further submits that the petitioners intend to avail the benefit available under the provisions of the Chhattisgarh Nagariya Kshetron Ke Awasheen Vyakti Ko Pattadhariti Adhikar Niyam, 2023 and, therefore, seeks a direction that if such applications are filed before the competent authority, the same be considered and decided within a stipulated period. It is also prayed that till consideration of such applications, no coercive steps be taken against the petitioners. 3. Per contra, learned State counsel opposes the aforesaid submission and submits that proceedings under Section 248 of 4 the Chhattisgarh Land Revenue Code, 1959 had already been initiated and concluded against the petitioners long back and the said orders have never been challenged before any competent forum. It is further contended that the petitioners cannot claim retrospective benefit of the provisions contained in the Chhattisgarh Nagariya Kshetron Ke Awasheen Vyakti Ko Pattadhariti Adhikar Niyam, 2023, which came into force subsequently. Learned State counsel would further submit that in some of the cases, action pursuant to the notices/orders issued by the Tahsildar has already been undertaken and, therefore, no protection, as sought for by the petitioners, deserves to be granted. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the facts and circumstances of the cases in their entirety, particularly taking note of the fact that though proceedings under Section 248 of the Chhattisgarh Land Revenue Code, 1959 were concluded earlier, in several matters no consequential action appears to have been taken for a considerable period of time and the petitioners are stated to be continuing in possession over the disputed property, this Court is of the opinion that the petitioners may be granted liberty to avail such statutory remedy as may be available to them under law. 5 6. 5 6. Accordingly, the petitioners are granted liberty to approach the competent authority/forum having jurisdiction over the matter by filing appropriate applications/representations along with all relevant documents within a period of 15 days from the date of receipt of certified copy of this order. 7. In the event such applications are filed within the aforesaid stipulated period, the concerned competent authority shall consider and decide the same expeditiously, preferably within a further period of 45 days thereafter, strictly in accordance with law, after affording due opportunity of hearing to the petitioners. 8. Till decision of the applications so filed by the petitioners, no coercive steps shall be taken against them, if not already taken in accordance with law. 9. With the aforesaid observations and liberty, all the writ petitions stand dismissed as withdrawn. Sd/- (Amitendra Kishore Prasad) Judge Yogesh