1 CGHC010106162023 2026:CGHC:32941 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1576 of 2023 1 - Smt. Pramila Verma W/o Shri Lakhanlal Verma Aged About 58 Years R/o Village Kesda, Patwari Halka No. 19, Tahsil Simga, District Baloda Bazar - Bhatapara, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Ministry, Mahanadi Bhavan, Atal Nagar, New Raipur, District Raipur, Chhattisgarh. 2 - The Collector District Baloda Bazar - Bhatapara, Chhattisgarh. 3 - Sub Divisional Officer (Revenue) District Baloda Bazar - Bhatapara, Chhattisgarh. 4 - Tahsildar Tahsil Simga, District Baloda Bazar - Bhatapara Chhattisgarh. 5 - Smt Hemeshwari D/o Shri Jodhiram Yadav R/o Village Kesda, Tahsil Simga District Baloda Bazar - Bhatapara, Chhattisgarh. ... Respondent(s) RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 For Petitioner(s) : Mr. Alok Kumar Dewangan, Advocate. For Respondent(s)/State : Mr. Shreyansh Mehta, Panel Lawyer. For Respondent No. 5 : Mr. Sunil Sahu, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 30/07/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble High Court may kindly be pleased to quash the impugn order dated 16/03/2023 passed by the Learned Court of Tahsildar Simga, District Baloda Bazar-Bhatapara, C.G. in Revenue Case 202203210600086 A/70 year 2021-2022 Village Kesda, Patwari Halka No. 19, Tahsil Simga, between Hemeshwari Vs. Smt Pramila in the interest of justice. 10.2 That the Hon'ble Court may kindly be pleased to direct the revenue authorities to not to interfere the petitioner from her peaceful possession over the land in question since more than 20 years being registered owner of the property. 10.3 That, this Hon'ble High Court may kindly be pleased to call for entire records relevant to above petition for kind perusal of this Hon'ble Court. 10.4 That, this Hon'ble Court may kindly be pleased to pass any other relief which the petitioner is entitled and the 3 Hon'ble Court may deem it fit may kindly be passed in the favour of the petitioner.” 2. Learned counsel appearing for respondent No. 5 has raised a preliminary objection with regard to the maintainability of the present writ petition. It is contended that the petition is not maintainable in law in view of the statutory remedy available to the petitioner under the provisions of the Chhattisgarh Land Revenue Code, 1959. 3. Learned State counsel has also opposed the maintainability of the writ petition and submits that the petitioner has directly invoked the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India challenging the order passed by the Tahsildar, without first availing the efficacious alternative statutory remedies available under the Chhattisgarh Land Revenue Code, 1959. It is submitted that the petitioner has neither preferred an appeal under Section 44(1) of the Code nor invoked the revisional jurisdiction available under Sections 44(2) and 50 of the Code. In view of the availability of such efficacious statutory remedies, it is contended that the present writ petition is not maintainable and is liable to be dismissed. 4. At this stage, learned counsel for the petitioner seeks permission of this Court to withdraw the present writ petition with liberty to avail the statutory remedy by filing an appropriate appeal before the competent appellate authority under Section 44(1) of the Chhattisgarh Land Revenue Code, 1959. 4 5. I have heard learned counsel for the parties at length and have carefully perused the material available on record. 6. Having regard to the submissions advanced by learned counsel for the parties, the availability of an efficacious alternative statutory remedy, and the request made on behalf of the petitioner, the present writ petition is permitted to be withdrawn with liberty to the petitioner to file an appropriate appeal before the competent appellate authority under Section 44(1) of the Chhattisgarh Land Revenue Code, 1959, within a period of ten (10) days from the date of receipt of a certified copy of this order. In the event such an appeal is preferred within the aforesaid period, the competent appellate authority shall consider and decide the same expeditiously, strictly in accordance with law. It is further observed that, if along with the appeal the petitioner files an application under Section 52 of the Chhattisgarh Land Revenue Code, 1959, seeking interim protection, the same shall also be considered and decided by the appellate authority on its own merits, in accordance with law, as expeditiously as possible. 7. Till the application filed by the petitioner under Section 52 of the Chhattisgarh Land Revenue Code, 1959, is considered and decided by the competent appellate authority, the interim order granted by this Court shall continue. SD/- (Amitendra Kishore Prasad) Judge Raghu Jat