1 CGHC010223682026 2026:CGHC:30293 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3438 of 2026 1 - Annapurnanand Tiwari S/o Late Teerath Prasad Tiwari Aged About 51 Years R/o Village Namadgiri P.S. And P.O. Surajpur, Tahsil Surajpur, District- Surajpur (C.G.) ... Petitioner(s) versus 1 - Gangaram S/o Daula Ram Aged About 50 Years R/o Village Namadgiri P.S. And P.O. Surajpur, Tahsil Surajpur, District- Surajpur (C.G.) 2 - State Of Chhattisgarh Through In- Charge Of Police Station Surajpur, District- Surajpur (C.G.) 3 - Board Of Revenue, Bilaspur, District- Bilaspur (C.G.) 4 - Commissioner, Surguja Division, Ambikapur, District- Surguja (C.G.) 5 - Collector, Surajpur, District- Surajpur (C.G.) 6 - Sub Divisional Officer Cum Magistrate Surajpur, District- Surajpur (C.G.) 7 - Tahsildar, Surajpur Tahsil Surajpur, District- Surajpur (C.G.) ... Respondent(s) For Petitioner(s) : Ms Priyanka Mehta, Advocate. For State : Shri Anway Tiwari, PL. SB: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 16/07/2026 1. This Writ Petition has been filed for the following reliefs:- 1] That, this Hon'ble Court may kindly be issued a appropriate writ/writs, order/orders, direction/directions to respondent no. 2 to 7 specifically res. no. 6 to get compliance of order dated 08.03.2022 passed by Sub Divisional AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.07.17 18:39:10 +0530 2 Magistrate, Surajpur, District. Surajpur, C.G. in Cr. Case No. 201203260300003/Sec. 145 of Cr. P. C. in case of "Annapurnanand Tiwari Vs. Gangaram & Ors." (Annex. P/1) against the res. no. 1 within stipulated period. 2] That, this Hon'ble Court may kindly be issued a appropriate writ/writs, order/orders, direction/directions to respondent no. 2 to 7 specifically res. no. 6 to consider application/applications of petitioner (Annex. P/13, P/14 & P/21) for compliance of order dated 08.03.2022 (Annex. P/1) against res. no. 1 and take immediate action on application of the petitioner within stipulate period. 3] That, this Hon'ble Court may kindly be pleased to grant any other relief, which it deems fit and proper. 2. Learned counsel for the petitioner submits that petitioner filed an application before Sub-Divisional Magistrate, Surajpur under Section 145 of the Code of Criminal Procedure against Respondent No.1 to the effect that petitioner is owner of land situated in Khasra No. 153/1435/2 measuring 0.790 hectare in village Namadgiri, P.H. No.-07, R.N.M. and tehsil Surajpur, district-Surajpur, (CG). On 06.03.2012, Respondent No.1 Ganga Ram came armed with sticks and forcibly started laying bricks to build a house, when the petitioner stopped them from doing so, on which they became very angry and started abusing the petitioner and were ready to fight. The petitioner lodged a report against the respondent No. 1in Police Station Surajpur on 07.03.2012. 3. Learned counsel for the petitioner submits the the SDM, Surajpur vide order dated 08.03.2022 held the petitioner to be in possession of the land in question from the date prior to two months from the institution of suit and directed the petitioner to continue their possession. He also directed Respondent No.1 to not to interfere with the peaceful possession of the 3 petitioner and Respondent No.1 shall immediately vacate his possession over the subject land. Learned counsel for the petitioner submits that despite the said order which has been passed in the year, 2022, the same has not yet been complied with. She submits that a memorandum was also issued by the Sub-Divisional Magistrate, Surajpur dated 06.06.2022 whereby, it was specifically directed to Tehsildar, Surajpur and SHO, Surajpur to comply with the order dated 08.03.2022 and provide possession of the land to the petitioner, yet till date, petitioner has not been handed over the possession of the said land. She submits that petitioner has also moved an application before the Collector, however, the same was of no avail to the petitioner. 4. Learned State counsel submits that necessary direction may be issued for compliance of order dated 08.03.2022. 5. On the last date of hearing, learned State counsel was directed to seek instructions as to whether order dated 08.03.2022 has been challenged before any authority or not, to which learned State counsel today submits that the order dated 08.03.2022 has not been challenged before any other authority. 6. It is evident that by memo dated 06.06.2022, Tehsildar Surajpur and SHO Surajpur have been directed to comply with the order dated 08.03.2022, which they have not done, as such, this Writ Petition is disposed of with a direction to Tehsilar, Surajpur to comply with the order dated 08.03.2022 as also memorandum dated 06.06.2022 (Annexure p/6) within a period of 30 days from the date of receipt of copy of this order. 7. It is directed to Tehsildar, Surajpur to file an affidavit while disclosing whether he has complied with this order or not and send the same to Registrar 4 (Judicial) of this Court on or before 24th August, 2026. 8. Registrar (Judicial) shall place the same before this Court for perusal. Sd/- (Amitendra Kishore Prasad) Judge Avinash