1 CGHC010232322023 2026:CGHC:31324 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3434 of 2023 Ageshvar Verma S/o Punit Ram Aged About 31 Years R/o House No. 77, Ward No. 07, Dhorha, Bemetara, District- Bemetara (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Revenue, Mahanadi Bhawan, Mantralaya, Atal Nagar Nawa Raipur, District - Raipur (C.G.) 2 - Collector Bemetara, District - Bemetara (C.G.) 3 - Sub - Divisional Officer (R) Nawagarh, District - Bemetara (C.G.) 4 - Tahsildar Nandghat, District - Bemetara (C.G.) 5 - Superintendent Of Police Bemetara, District - Bemetara (C.G.) 6 - Station House Officer Police Station - Nandghat, Bemetara, District - Bemetara (C.G.) 7 - Dhansai Lodhi R/o Village - Dhorha, Bemetara, District - Bemetara (C.G.) 8 - Shantanu S/o Dharmu Village - Dhorha, Bemetara, District - Bemetara (C.G.) 9 - Nitanjay S/o Mithulal R/o Village - Dhorha, Bemetara, District - Bemetara (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Malay Shrivastava, Advocate For State/Respondents No.1 to 6 : Mr. Shreyansh Mehta, Panel Lawyer For Respondents No.7 to 9 : Mr. Vibhor Goverdhan, Advocate YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.07.23 10:20:03 +0530 2 Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 22.07.2026 1. By filing the present writ petition, the petitioner has called in question the legality and validity of the order dated 07.05.2023 bearing No. 822/Pra.Tah./2023 passed by the Tahsildar, Nandghat (respondent No.4), whereby the petitioner has been directed not to raise any further construction over his land and has also been restrained from using the building situated thereon. The petitioner has prayed for following relief(s) :- “10.1 That this Hon'ble Court may kindly be pleased to direct the respondents to produce the entire records. 10.2 This Hon'ble Court may kindly be pleased to quash the order dated 07/05/2023 bearing No.822/Pra.Tah./2023 passed by respondent no.4. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent no.2 to 6 to take strict and stringent proper action against the respondent no.7 to 9. 10.4 Any other relief(s)/ order(s)/ direction(s) in favour of petitioner, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice. 10.5 Cost of the petition.” 2. Learned counsel for the petitioner submits that the petitioner has been continuously ventilating his grievances before the competent authorities by submitting several representations and complaints 3 to the Collector, Superintendent of Police, Station House Officer and other authorities, however, none of the authorities has taken any effective action on the same. It is submitted that instead of considering the grievances raised by the petitioner, the respondent No.4 has passed the impugned order dated 07.05.2023 directing the petitioner not to raise any further construction over his land and restraining him from using the building. It is contended that the Tahsildar has neither the jurisdiction nor the authority in law to pass such an order, particularly without initiating any proceedings or affording any opportunity of hearing to the petitioner. Hence, the present writ petition has been filed. 3. On the other hand, learned State counsel submits that there existed a serious law and order situation in the village and, considering the prevailing circumstances and with a view to maintain peace and public order, the impugned order dated 07.05.2023 came to be passed by the Tahsildar. It is submitted that the order was passed in larger public interest and, therefore, cannot be said to be contrary to law. 4. Learned counsel appearing for respondents No.7 to 9 submits that the allegations against the petitioner are serious in nature and, therefore, the order dated 07.05.2023 cannot be said to be arbitrary or illegal. It is further submitted that if the petitioner was aggrieved by the said order, he ought to have approached the 4 competent authority for redressal of his grievance. Without exhausting the alternative remedy available under law or challenging the order before the appropriate forum, the petitioner has directly invoked the extraordinary writ jurisdiction of this Court, which is not maintainable. 5. I have heard learned counsel for the parties and perused the record. 6. Having considered the impugned order dated 07.05.2023 passed by the Tahsildar, Nandghat, as also the various representations and complaints submitted by the petitioner before the Collector, Superintendent of Police, Station House Officer and other authorities, this Court is of the considered opinion that, without entering into the merits of the rival claims or the legality of the allegations levelled by either side, the ends of justice would be served if the grievance of the petitioner, along with the allegations raised by respondents No.7 to 9, is considered by the competent authority in accordance with law. 7. Accordingly, the Collector, Bemetara, is directed to consider the representations/complaints submitted by the petitioner as well as the allegations made by respondents No.7 to 9 and pass an appropriate, reasoned and speaking order strictly in accordance with law after affording due opportunity of hearing to all concerned parties. 5 8. While undertaking the aforesaid exercise, the Collector shall be at liberty to call for necessary reports from the concerned Revenue Authorities as well as the Police Authorities and shall consider all relevant materials placed by the parties before arriving at an appropriate decision. 9. Since the impugned order itself reflects that it was passed keeping in view the prevailing law and order situation, it is expected that the Collector, Bemetara, shall also ensure that peace and public order are maintained during the pendency of the proceedings and while adjudicating upon the grievances of the parties. The concerned Police Authorities shall extend all necessary assistance, if so required, for maintaining law and order. 10. Considering that the grievance of the petitioner has remained pending for a considerable period, it is expected that the Collector, Bemetara, shall conclude the aforesaid exercise and pass an appropriate order, in accordance with law, as expeditiously as possible, preferably within a period of 60 days from the date of receipt of a certified copy of this order. 11. With the aforesaid observations and directions, the writ petition stands disposed of. No order as to costs. Sd/- (Amitendra Kishore Prasad) Judge Yogesh