1 CGHC010257862026 2026:CGHC:30881 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3791 of 2026 1 - Sabita Bakhla W/o Mahesh Bakhla Aged About 35 Years R/o Nalapara, Village Gangapur, Khurd, Ambikapur, District- Surguja (C.G.). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Revenue And Disaster Management Department, Mantralaya, Mahanadi Bhawan, Capital Complex, Atal Nagar, Nawa Raipur, District- Raipur (C.G.). 2 - Collector, Surguja Ambikapur, District- Surguja (C.G.). 3 - Tahsildar Nazul Ambikapur, District- Surguja (C.G.). ... Respondent(s) For Petitioner(s) : Mr. Anurag Singh, Advocate. For Respondent(s)/State : Mr. Anway Tiwari, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 21/07/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 “1] That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions to respondent authorities not to dispossess the petitioner in furtherance of the eviction dated 13.03.2026 and the respondent authorities may kindly be directed to consider the case of the petitioner and pass the appropriate orders. 2] That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions to respondent authorities to provide the petitioner with the electricity and water connection which was discontinued by the respondent authorities acting upon the eviction dated 13.03.2026. 3] That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions and the respondent authorities may kindly be directed to examine the case of the petitioner for allotment of the said land under the Act of 2023 known as Chhattisgarh Nagariya Khestron Ke Awashin Vyaktiyon Ko Patta Dhriti Adhikar Niyam, 2023. 4] That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions, in alternative, that the respondent authorities may kindly be directed to rehabilitate the petitioners before dispossession of the petitioner from the land and they may further be directed to provide the shelter to the 3 petitioner who is in possession of the lands from more than 25 years. 5] That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 2. After arguing the matter at length, learned counsel for the petitioner seeks permission of this Court to withdraw the present writ petition with liberty to file an appropriate application before the competent authority ventilating his grievance. It is, however, submitted that in the present case, eviction notice has been issued to the petitioner on 26.5.2020 and in the absence of the same, the authorities have demolished the disputed property of the petitioner. Therefore, it is prayed that the competent authority be directed to consider and decide the application, proposed to be filed by the petitioner, within some stipulated time. It is further prayed that till disposal of such application, the competent authority be restrained from taking any coercive steps against the petitioner. 3. Opposing the aforesaid submission, learned State counsel submits that proceedings under Section 248 of the Chhattisgarh Land Revenue Code had already been initiated and concluded against the petitioner far back in 2020 and the said order has never been challenged by the petitioner before any competent forum. It is further contended that the petitioner is now seeking to derive benefit from an application dated 20.10.2019 by taking 4 recourse to the provisions of the Chhattisgarh Nagariya Kshetron Ke Awasheen Vyakti Ko Pattadhariti Adhikar Niyam, 2023, which came into force only in the year 2023. According to the learned State counsel, the benefit of the said Rules cannot be extended retrospectively, particularly when proceedings under Section 248 had already culminated prior to the enforcement of the said Rules. It is also submitted that the superstructure allegedly raised by the petitioner has already been demolished. In such circumstances, the petitioner cannot now seek protection against dispossession from the property in question, and therefore no indulgence is warranted by this Court. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the aforesaid facts and circumstances of the case, particularly the fact that although the order under Section 248 was passed in the year 2020, no consequential notice or action appears to have been taken thereafter for a considerable period of time, and further considering that the petitioner had deposited the fine amount and continued in possession of the disputed property, this Court deems it appropriate to grant liberty to the petitioner to avail the alternative statutory remedy available under law. 6. Accordingly, the petitioner is directed to approach the competent authority/forum having jurisdiction over the matter and file an appropriate application within a period of 15 days from today. In the event such application is filed within the stipulated period, the 5 concerned authority shall consider and decide the same expeditiously, preferably within a further period of 45 days, strictly in accordance with law. Till the decision on the application to be filed by the petitioner, no coercive steps shall be taken against the petitioner. 7. With the aforesaid observations and liberty, the writ petition stands dismissed as withdrawn. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat