1 2026:CGHC:25860 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3085 of 2026 • M/s Arihant Developers Through Its Proprietor - Smt. Sandhya Parakh W/o Shri Narendra Kumar Parakh, Aged About 60 Years Resident Of New Panchsheel Nagar, Civil Lines, Raipur Tehsil And District - Raipur (Chhattisgarh) ... Petitioner versus 1. State Of Chhattisgarh Through Its Principal Secretary, Department Of Revenue, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District - Raipur (Chhattisgarh). 2. The Commissioner, Raipur Division Raipur, District - Raipur (Chhattisgarh). 3. The Additional Collector/revenue Court Raipur, District - Raipur (Chhattisgarh). 4. The Sub-Divisional Officer (Revenue) Raipur, District - Raipur (Chhattisgarh). 5. The Tehsildar Tehsil Raipur, District- Raipur (Chhattisgarh). 6. Revenue Inspector Revenue Circle- 7, Tehsil And District Raipur. ... Respondents (Cause title taken from Case Information System) For Petitioner : Mr. Shalvik Tiwari, Advocate. For State/Respondents No.1, 3 & 4 : Mr. R. K. Gupta, Addl. A.G. Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 24/06/2026 1. Heard. 2. This writ petition has been preferred by the petitioner under Article 226 of the Constitution of India, seeking following reliefs:- “10.1 Issue a writ of mandamus directing respondent No.4/Sub Divisional Officer (Revenue), Raiput to immediately pass a final DEEPTI JHA Digitally signed by DEEPTI JHA 2 order on the petitioner’s diversion application under Sections 172(1) and 59(2) of the Chhattisgarh Land Revenue Code, 1959, strictly in compliance with the Commissioner’s order dated 19.11.2025, within a stipulated time period, say 15 days from the date of receipt of this Hon’ble Court’s order; 10.2 Direct the respondents to compute the diversion fees as per the rates applicable on the dated when the application ought to have been processed under the 15 days guideline and not at the enhanced rates which became applicable only due to the respondent’s delay; 10.3 Direct the respondents to pay costs of the writ petition to the petitioner; 10.4 Pass any other order or direction that this Hon’ble Court may deem fit in the interest of justice, equity and good conscience.” 3. Learned counsel for the petitioner submits that earlier petitioner has moved an application for diversion before the concerned S.D.O. (R), which was rejected by the S.D.O. (R), Raipur vide order dated 21.04.2025 (Annexure- P/3). The said order was challenged before the Collector, however, it was affirmed by the Collector also vide order dated 12.09.2025 (Annexure-P/4). Thereafter, when a second appeal was preferred by the petitioner before Commissioner, Raipur Division, the Commissioner vide its order dated 19.11.2025 (Annexure-P/5) has set aside the order passed by the S.D.O (R) as well as Additional Collector, Raipur and has directed that detailed enquiry be made after inspection of the disputed spot and thereafter appropriate orders be passed in accordance with law. 4. Having considered the facts and circumstances of the case, particularly the fact that petitioner has moved an application dated 21.11.2025 before the concerned S.D.O. (R), Raipur to pass an appropriate order in respect of the diversion of land of the petitioner in accordance with order passed by the Commissioner dated 19.11.2025 (Annexure-P/5). However, the main application was to be decided within 15 days and according to the circular he again moved reminder applications dated 01.01.2026, 07.01.2026, & 3 23.04.2026, but till date it has not been decided, as such he has filed this petition with a prayer that S.D.O. (R) be directed to decide his application for diversion as directed by the concerned Commissioner dated 19.11.2025 (Annexure-P/5) within a stipulated period as prescribed in the circular dated 11.09.2019, in which, it has been categorically stated that order in respect of diversion is required to be decided within 15 days. 5. Considering the aforesaid aspect of the matter, this writ petition stands disposed of directing concerned S.D.O (R) to consider and decide the application for diversion filed by the petitioner, according to the circular dated 11.09.2019 and as per the order dated 19.11.2025 (Annexure-P/5) and this be done within a period of 30 days from the date of passing of this order. 6. It is made clear that this Court has not passed any order on merits and the concerned authorities are at liberty to pass appropriate order in accordance with the direction issued by the Commissioner as well as relevant Act and Rules. 7. With the aforesaid observation and direction, the instant writ petition stands disposed of. 8. Interlocutory application(s), pending if any, also stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Deepti Jha