Extracted from the PDF above. The PDF is authoritative.
1
CGHC010052662021
2026:CGHC:35725
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1211 of 2021 1 - Vishnu Kant Soni, S/o Shri Basant Kumar Soni, Aged About 56 Years R/o House No. 177, Mahadev Ward, Soni Mohalla, Champa, District - Janjgir - Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 2 - Jai Gopal Soni, S/o Shri Basant Kumar Soni, Aged About 37 Years R/o Flat No. 5274, Vijaya Garden, Baridih, Jamshedpur, Police Station Birsa Nagar, District - East Singhbhum (Jharkhand), Jharkhand
--- Petitioners versus 1 - State Of Chhattisgarh, Through The Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Collector, Janjgir, District - Janjgir - Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 3 - Sub Divisional Officer (Revenue), Champa, District - Janjgir - Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 4 - Tehsildar, Champa, Tehsil Champa, District - Janjgir - Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 5 - Revenue Inspector, Champa, Tehsil Champa, District - Janjgir - Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 6 - Patwari, Halka No. 4, Champa, Tehsil Champa, District - Janjgir - Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 7 - Manju Agrawal, W/o Rajesh Agrawal, R/o Kaser Chowk, Champa, Tehsil Champa, District - Janjgir - Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 8 - (Deleted) D.B. Ventures, (As Per Honble Court Order Dated- 09-07-2025)
-- Respondent(s) (Cause title is taken from CIS system) For Petitioners : Mr. Harsh Wardhan, Advocate For Respondents/State No.1 to 6 : Ms. Shailja Shukla, Govt. Advocate For Respondent No.7 : Mr. Mayank Gupta, Advocate BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN
2 Hon'ble Shri Justice
Parth Prateem Sahu
Order On Board 12/08/2026
1. Petitioners have filed this petition seeking following relief (s) :-
“10.1 That, this Hon’ble Court be pleased to issue an appropriate writ or order or direction thereby calling for the records in respect of grievance of the petitioners. 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondents to urgently hear and decide the case of the petitioner filed under Section 250 of the CG Land Revenue Code 1959 as soon as possible, within a prescribed time frame. 10.3 That, this Hon’ble Court may kindly be pleased to direct the respondents to issue appropriate order restraining the respondent No.7 from raising construction during the pendency of the case. 10.4 That, the Hon’ble Court may be pleased to grant any other relief which the Hon’ble Court deems fit and proper in the facts and circumstances of the present case. 10.5 That, the Hon’ble Court may be pleased to grant cost of the petition to the petitioner.
10.6. That, this Hon’ble Court may kindly be pleased to direct the respondents to remove the illegal construction raised by the Respondent No.8 on the land of the petitioner and restore the status quo ante in favour of the petitioner.”
2.
Learned counsel for petitioners would submit that petitioners have filed an application U/s. 250 of the C.G. Land Revenue Code,1959 (In short ‘Code, 1959’), however, when it was not concluded and decided within reasonable time, this writ petition was filed seeking direction to the
3 concerned authorities to consider and decide the application U/s. 250 of the Code,1959 at the earliest. He submits that considering the nature of dispute and relief sought for, this Court vide order dated 02.03.2021 has granted interim relief restraining the respondent No.7 from raising construction over the land.
3. Learned State counsel would submit that pursuant to the order dated 02.03.2021, demarcation was done by concerned authorities and report was submitted on 19.08.2021. She also submits that she has verified about the filing of an application U/s. 250 of Code,1959 as stated by learned counsel for petitioners, however, no record of such proceeding is available in the office of Tahsildar. She also submits that the relief claimed by petitioners are for decision on the application U/s. 250 of the Code, 1959 only and therefore, in the facts of the case, petitioners may file fresh application U/s. 250 of the Code,1959 before the concerned authority and in the event such application is filed, it will be decided in accordance with law expeditiously.
4.
Learned counsel for respondent No.7 submits that he is having no objection if petitioners submit fresh application before the concerned authority and direction is issued to the authorities to consider and decide the application U/s. 250 of the Code, 1959 to be submitted by petitioners expeditiously in accordance with law.
5. I have heard learned counsel for parties.
6. Relief is claimed by petitioners of expeditious disposal of the application stated to be filed U/s. 250 of the Code, 1959. As no records of revenue case on application U/s. 250 of the Code of 1959 as stated to be filed, is available in the office of Tahsildar I find it appropriate to
4 dispose of this writ petition reserving liberty with petitioners to file fresh application U/s. 250 of the Code, 1959 before the concerned authority, if they so desire. In the event such an application is filed, concerned authority shall consider and decide the same expeditiously in accordance with law following due process of law. The proceedings under Section 250 of the Code, 1959 shall be completed by the concerned authority within a period of 8 months from the date of filing of application subject to the cooperation of the parties.
7. As this Court has granted interim protection vide order dated 02.03.2021, restraining respondent No.7 of raising further construction, the same shall remain in force for a period of 9 months from today or till disposal of the proceedings which ever is earlier.
8. With the aforesaid observations and directions, this petition stands
disposed of. Sd/- (Parth Prateem Sahu) Judge Balram