1 (WPC No. 2834 of 2026) 2026:CGHC:23620 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2834 of 2026 1 - Smt. Runa Yadav W/o Kanahiya Yadav Aged About 50 Years R/o Padum Nagar, Village Charoda, Tahsil Bhilai-3, District- Durg (C.G.) (Particular Of The Petitioner Is Not Mentioned Properly In The Impugned Order And Other Various Documents) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur District- Raipur (C.G.) 2 - The Collector, Durg District- Durg (C.G.) 3 - Tahsildar Bhilai - 3, District- Durg (C.G.) 4 - Revenue Inspector, Circle -03, Tahsil Bhilai - 3 District- Durg (C.G.) 5 - Halka Patwari Halka No. 09, Village Charoda Tahsil Bhilai - 3 District- Durg (C.G.) 6 - Rupesh Kumar Verma S/o Shri Balbhadra Singh Verma Aged About 35 Years R/o Shanti Nagar, Bhilai -03, Tehsil Patan, District- Durg (C.G.) 7 - Chhattisgarh Vikas Grih Nirman Sahakari Samiti Maryadit, Bhilai -03, Charoda (C.G.) Through Manager Office Chhattisgarh Sadan Shop No. 02, Sector- 01, Bhilai Nagar, Durg District- Durg (C.G.) ... Respondent(s) (Cause-title taken from the Case Information System) ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2026.06.12 11:42:15 +0530 2 (WPC No. 2834 of 2026) ----------------------------------------------------------------------------------------------- For Petitioner(s) :- Mr. Goutam Khetrapal, Advocate appeared through virtual mode For Respondent-State :- Mr. Shashank Thakur, Addl. Advocate General ----------------------------------------------------------------------------------------------- SB - Hon'ble Shri Justice Ravindra Kumar Agrawal, J Order On Board 11.06.2026 1. This writ petition has been filed challenging order dated 19.05.2026 passed by the Tehsildar, Bhilai 3, District Durg in Revenue Case No.202602101600021 A-68 by which the petitioner has been directed to remove her encroachment from the land bearing khasra No.398 admeasuring 1200 sq.ft. situated at village Charoda, Tahsil Bhilai 3, District Durg. 2. Learned counsel for the petitioner submits that the petitioner had purchased the subject property through registered sale deed in the year 2011, which is reflected from the copy of sale deed at Annexure P/3 and she constructed her house on the purchased property and has been residing there on. He would further submit that without considering the relevant document the Tehsildar, Bhilai 3, District Durg has passed the order by invoking the jurisdiction under Section 248 of the Chhattisgarh Land Revenue Code, 1959 and directed the petitioner to remove her encroachment from the said land. Therefore, the petitioner has 3 (WPC No. 2834 of 2026) filed the present writ petition for quashing of the impugned order dated 19.05.2026 (Annexure P/1). 3. At the outset, learned counsel appearing for the respondent-State has raised an objection that the Tahsildar has passed the impugned order under Section 248 of the Chhattisgarh Land Revenue Code, 1959 which is appealable before the Sub Divisional Officer, Revenue, as provided under Section 44 of the Chhattisgarh Land Revenue Code and the statutory remedy of filing an appeal is available to the petitioner and therefore, the present writ petition is not maintainable. 4. Having considered the submissions made by learned counsel for the parties and considering the fact that impugned order dated 19.05.2026 passed by the Tahsildar, Bhilai 3, District Durg is appealable before the Sub Divisional Officer, Revenue, Bhilai 3, District Durg under Section 44 of the Chhattisgarh Land Revenue Code, the present writ petition is disposed of directing the petitioner to approach before the concerned Sub Divisional Officer by filing a statutory appeal within 15 days from today and till then the interest of the petitioner may be protected. 5. 5. Accordingly, the present writ petition is disposed of directing the petitioner to file a statutory appeal before the Sub Divisional Officer, Revenue, Bhilai 3, District Durg within 15 days from today and in such eventuality the concerned Sub Divisional Officer, Revenue shall decide the interim application for grant of stay 4 (WPC No. 2834 of 2026) within further period of 15 days from the date of filing of appeal by the petitioner before it in accordance with law on its own merits. If the petitioner fails to file the appeal within the stipulated time frame, this order shall lose its efficacy. 6. With the aforesaid observation, the present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge @d!t!