1 2026:CGHC:23636 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2857 of 2026 Mohd. Reyaj Ansari S/o Mohd. Husain Aged About 63 Years R/o Ward No. 3 Balrampur P.S. And Tahsil Balrampur Distt Balrampur-Ramanujganj Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue Mahanadi Bhawan New Raipur Distt Raipur Chhattisgarh 2 - The Secretary Department Of Urban Development Mahanadi Bhawan New Raipur Distt Raipur Chhattisgarh 3 - The Collector Balrampur Distt Balrampur-Ramanujganj Chhattisgarh 4 - Sub-Divisional Officer (Revenue) Balrampur Distt Balrampur-Ramanujganj Chhattisgarh 5 - Tahsildar Balrampur Distt Balrampur-Ramanujganj Chhattisgarh 6 - Chief Municipal Officer Nagarpalika Parishad - Balrampur, Distt Balrampur- Ramanujganj Chhattisgarh ... Respondents For Petitioner : Mr. AN Pandey, Advocate through VC For Respondents 1 to 5/State : Mr. Sabyasachi Choubey, Govt. Advocate (Hon’ble Shri Justice Ravindra Kumar Agrawal) Order on Board 11/06/2026 1. On mention being made at 10.30 am today by learned counsel for the petitioner, urgency was shown on the ground that the order of demolition of the structure of the petitioner has been passed by the Tahsildar, Balrampur and shown BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.06.11 18:29:42 +0530 2 imminent urgency in the matter. Therefore, considering the submissions made by learned counsel for the petitioner, this Court directed to list this case today itself at 2.30 pm, and in pursuant thereof, the matter has been listed today itself, which has been taken up for consideration. 2. Heard. 3. Present writ petition has been filed by the petitioner against the notice issued to him on 04.6.2026 (Annexure-P/1) for removal of encroachment from the subject land of Khasra No.21 area 0.018 hectare, out of total area of 0.510 hectare, situated at village Balrampur, on which the petitioner is in possession after raising his construction of the house. 4. Learned counsel for the petitioner would submit that lease was granted in favour of the petitioner in the year 1982, however, the revenue record could not be corrected and on the basis of said lease, he made an application for correction of revenue record on 27.5.2025. When the authorities have not decided the said application of the petitioner, he approached this Court by filing WPC No.3208/2025 for earlier disposal of his application. In the said writ petition, the Coordinate Bench of this Court vide Order dated 26.6.2025 has directed the respondent authorities to take a decision on the application filed by the petitioner for correction of revenue record on the basis of lease granted in favour of the petitioner, within a period of three months from the date of the order. Pursuant to the order dated 26.06.2025, the Sub Divisional Officer (Revenue), Balrampur passed its order on 02.4.2026 and rejected the application filed by the petitioner for correction of revenue records. Immediately thereafter, a notice was issued on 04.6.2026 for compliance of Order dated 17.6.2025 passed by Tahsildar, Balrampur for removal of encroachment over the subject land. He further submits that though an Order has been passed on 17.6.2025 by the Tahsildar, Balrampur under Section 248 of the Chhattisgarh Land Revenue Code, 1959 (for short ‘the Code 1959’), in view of Section 44 of the Code 1959, an appeal is provided before Sub-Divisional Officer (Revenue), therefore, the petitioner may be permitted to approach before the concerned SDO (R) for filing 3 statutory appeal and till then interim protection may be granted to him from the demolition of construction of his house. 5. On the other hand, learned counsel for the State has no objection if the petitioner is willing to file an appeal before the concerned SDO (R) against order dated 17.6.2025 subject to decision on its merits along with limitation and other aspects of the case. 6. I have heard learned counsel for the parties and perused the material annexed with the petition. 7. Considering the facts that the order of removal of the encroachment of the petitioner has been passed on 17.6.2025 by the Tahsildar, Balrampur by invoking the power under Section 248 of the Code 1959, which is appealable under Section 44 of the Code 1959, therefore, it would be appropriate to dispose of present writ petition with certain directions. 8. Accordingly, present writ petition is disposed of directing the petitioner to approach the Sub-Divisional Officer (Revenue) concerned for filing of an appeal within 15 days from today and in such eventuality, the concerned SDO (R) shall decide the application of the petitioner for grant of interim relief within a further period of 15 days from the date of filing of the appeal in accordance with law on its own merits. Till the passing of the order by the SDO (R) on the application for grant of interim relief, effect and operation of the impugned notice dated 04.06.2026 (Annexure-P/1) shall remain stayed. It is made clear that if the petitioner fail to approach the SDO(R), Balrampur for filing of the appeal within the stipulated period, the interim protection granted to the petitioner shall lose its efficacy. 9. With aforesaid direction and observation, present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Bini