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2026 DAILYLAW 24739 (CHH)

SMT. YASHODA BAI SAHU v. STATE OF CHHATTISGARH

WPC/3424/2026 · 2026-07-02

Shri Amitendra Kishore Prasad

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Judgment text

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1 2026:CGHC:27399 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3424 of 2026 • Smt. Yashoda Bai Sahu W/o Late Umesh Sahu Aged About 45 Years R/o Village Bodki, Tahsil Fingeshwar, District Gariaband Chhattisgarh ... Petitioner versus 1. State Of Chhattisgarh Through Secretary, Revenue Department, S 1-25, Mahanadi Bhawan, Naya Raipur Atal Nagar, Civil And Revenue District Raipur Chhattisgarh. 2. Sub Divisional Officer (Revenue) Rajim, Distt. Gariyaband Chhattisgarh. 3. Tehsildar Fingeshwar, Distt. Gariyaband Chhattisgarh. 4. Station House Officer Fingeshwar Police Station, Rajim Fingeshwar Mahasamund Road, Gadahidihi, Fingeshwar, Distt. Gariyaband Chhattisgarh 493992. ... Respondents (Cause title taken from Case Information System) For Petitioner : Mr. Swayam Tehanguria, Advocate. For State/Respondents : Mr. Soumitra Kesharwani, P.L. Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 03/07/2026 1. Heard. 2. This petition has been preferred by petitioners under Article 226 of the Constitution of India seeking following reliefs:- “10.1 That, the entire records pertaining to Revenue Case No.26260422090009 B/121 of 2025-26; of the petitioner, be called for perusal and pass direction to respondents in the interest of justice. 10.2 That the Hon’ble Court may kindly issue an appropriate writ directing the respondents not to dispossess the petitioner except by due process of DEEPTI JHA Digitally signed by DEEPTI JHA 2 law. 10.3 That, the Hon’ble Court may kindly direct the respondents to take uniform and non-discriminatory action against all alleged encroachers/occupants in accordance with law. 10.4 That, the Hon’ble Court may kindly quash any coercive or arbitrary action undertaken against the petitioner alone. 10.5 That, the Hon’ble Court may kindly be pleased to grant any other relief, as it may deem fit and proper in the facts and circumstances of the case. 10.6 Cost of the petition.” 3. Learned counsel for the petitioner submits that villagers are trying to dispossess the petitioner without taking any uniform action, the authorities initiated the proceedings only against the petitioner and restrained her construction activity, hence, the petitioner filed this petition. 4. Learned State counsel submits that Sub Divisional Officer (Revenue) has already initiated the a revenue case against the petitioner and notice on the same has issued to the petitioner way back on 20.03.2026. Learned State counsel submits that authorities shall take appropriate action in accordance with law and they will not influenced by any such complaint filed by the villagers and give proper opportunity of hearing to the petitioner in accordance with law. 5. From perusal of the record, it appears that concerned Tehsildar has passed stay order and stayed the construction over the land in question on the behest of villagers. The notice has already been sent by the concerned Sub Divisional Officer (Revenue) Rajim, District Gariyaband (C.G.) to the concerned Tehsildar. Further, the Tehsildar has passed an order of stay. 6. Considering the aforesaid aspect of the matter, this petition is disposed of directing concerned authorities to adjudicate the case of the petitioner in accordance with law, after giving due opportunity hearing to the petitioner 3 and relevant evidence from her. Since, it is a rainy season, as such the concerned authorities are directed not to proceed further regarding dispossession of the petitioner till the 3 months and thereafter they may take appropriate action in accordance with law. 7. With the aforesaid observation and direction, this writ petition stands disposed of. 8. Interlocutory application(s), pending if any, also stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Deepti Jha