1 2026:CGHC:4686 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 354 of 2026 Manoj Sahu S/o Bansilal Sahu Aged About 36 Years R/o Gram - Girdhauna, Tehsil- Takhatpur, District- Bilaspur (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through - Secretary, Revenue And Disaster (APDA) Management Department Mahanadi Bhawan, New Raipur, District- Raipur (C.G.) 2 - The Collector Bilaspur District- Bilaspur (C.G.) 3 - The SDO (Revenue) Takhatpur District- Bilaspur (C.G.) 4 - The Tahsildar Takhatpur, District- Bilaspur (C.G.) 5 - The Secretary Gram Panchayat Girdhauna Janpad Panchayat Takhatpur, District- Bilaspur (C.G.) 6 - The Sarpanch Gram Panchayat Girdhauna Janpad Panchayat Takhatpur, District- Bilaspur (C.G.) ... Respondents For Petitioner : Mr. Dheerendra Pandey, Advocate For Respondents 1 to 4/State : Mr. Shobhit Misrha, Dy. Govt. Advocate (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 28.01.2026 1. Heard. 2. The petitioner has preferred this writ petition under Article 226 of the Constitution of India, seeking following relief(s):- (1) The Hon'ble Court may kindly be pleased to allow the petition and set aside the impugned eviction warrant dated BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.01.29 10:52:03 +0530 2 16.01.2026 (Annexure P/1) issued by the respondent no. 4 also directed to the respondents stop the entire eviction proceeding against the petitioner. (2) This Hon'ble Court be pleased to direct the respondent authority to consider the case of the petitioner and given lease as Adverse possession of the situated land, and given opportunity of hearing to the petitioner and followed the guideline/policy resettlement according to the policy present of the State Government as well as of the Central Government. 3) This Hon'ble Court be pleased to call for the entire record in respect of eviction proceeding initiated against the petitioner 4) Any other relief as deemed fit by this Hon'ble Court. 3. Learned counsel for the petitioner submits that the petitioner is in possession of land bearing Khasra No.313/2 area 1.816 hectare situated at village Gram Girdhauna PH No.30 R.Vi.M Haraundha Tahsil Takhatpur Distt. Bilaspur. He has constructed a house and has been residing on the said land with his family for the last 25-30 years. He has also been sanctioned house under the Pradhan Mantri Awas Yojana on the said land. Despite that, show- cause notice was issued to the petitioner and Revenue Case No.202511070800197/A-68/2025-26 was registered against him and vide Order dated 19.12.2025, the petitioner has been held encroacher over the said land and eviction warrant dated 16.01.2026 (Annexure-P/1) has been issued to vacate the land. Learned counsel referring to Notice dated 08.9.2025 (Annexure-P/2) submits that Sub Divisional Officer (Revenue), Takhatpur has issued notice to the petitioner for his presence stating therein that even after obtaining Rs.40,000/- as first installment, he has not constructed the house under the PM Awas Yojana. Thus, on one hand, Sub Divisional Officer (Revenue) has stated that the petitioner has been granted first installment to construct the house on the said land under the scheme of PM Awas Yojana and on the other hand, Tahsildar, Takhatpur has passed 3 order of eviction and issued dispossession warrant, hence, it is prayed that this petition may be admitted for hearing. 4. Per contra, learned counsel for the State submits that the petitioner has constructed house on the Government land and he has also encroached Thalab par and Gouttan land. Thus, he has encroached Government land apart from house constructed by him, therefore, eviction order has been passed against him in Revenue Case No. 202511070800197/A-68/2025-26 and in compliance of that order, eviction warrant dated 16.01.2026 (Annexure-P/1) was issued. Learned counsel for the State further submits that Order dated 19.12.2025 passed by the Tahsildar (Annexure-P/5) may be challenged before Sub Divisional Officer (Revenue) by filing appeal under Section 44 of the Chhattisgarh Land Revenue Code, 1959 (for short ‘Code 1959’), therefore, this petition is not maintainable. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Perusal of the impugned eviction warrant (Annexure-P/1) shows that eviction Order dated 19.12.2025 has been passed in Revenue Case No. 202511070800197/A-68/2025-26 against the petitioner. As per the contents of the eviction warrant, the petitioner has not only constructed pakka house on Government land but also encroached land of talab par and Gouttan, against which, his dispossession order has been passed by the Tahsildar. Perusal of the contents of eviction warrant shows that order dated 19.12.2025 has been passed in Revenue Case No. 202511070800197/A-68/2025-26, which is an appealable order under Section 44 of the Code 1959, therefore, this Court is not inclined to entertain this petition. However, liberty is left with the petitioner to challenge Order dated 19.12.2025 before appropriate authority, as per Section 44 of the Code 1959. 4 7. With aforesaid observations and directions, the writ petition stands disposed of. 8. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Bini