1 CGHC010319512026 2026:CGHC:37033 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4306 of 2026 1 - Marry Margret W/o Lt. Shri Tarsius Aged About 62 Years R/o Village Dokada, Tahsil Kansabel, District Jashpur Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Urban And Administrative Department, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh 2 - Collector, Jashpur District Jashpur Chhattisgarh 3 - Superintendent Of Police Jashpur, District Jashpur Chhattisgarh 4 - S H O Police Chowki Dokada, Thana Kansabel, District Jashpur Chhattisgarh 5 - Sub-Divisional Officer Tahsil Kansabel, District Jashpur Chhattisgarh 6 - Tahsildar Kansabel, District Jashpur Chhattisgarh 7 - Lawrence Bada S/o Thomas Bada R/o Village Dokda, Tahsil Kansabel, District Jashpur Chhattisgarh ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Mr. Abdul Wahab Khan, Advocate For State :- Mr. Abhishek Gupta, P.L. ----------------------------------------------------------------------------------------------- SB-Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 19.08.2026 VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 1. By way of the present writ petition, the petitioner has assailed the inaction on the part of the respondent authorities in not taking appropriate action regarding the alleged illegal possession of respondent No.7 over the petitioner's agricultural land bearing Khasra No.96/6 situated at Village Bahaljor Dokada, Tahsil Kansabel, District Jashpur, and has prayed for restoration of possession. 2. Following reliefs have been prayed in this petition:- “10.1. That, the Hon'ble Court may kindly be pleased to direct the respondent authority / Respondent No 6 to decide the pending proceedings u/s 250 of CGLRC, relating to removal of illegal possession and restoration of possession expeditiously in accordance with applicable rules. 10.2. That, the Hon'ble Court may kindly be pleased to direct the respondent authority to remove the illegal possession by the respondent no 7 from the agricultural property of the petitioner bearing Khasra no 96/6 situated at gram Bahaljor NGH Dokada, Tahsil Kansabel, District Jashpur and subsequently grant restoration of the possession to the petitioner. 10.3. That, any other relief or reliefs may also be granted to the petitioner which this Hon'ble court deems fit and proper in the facts and circumstances of the case.” 3. Learned counsel appearing for the petitioner submits that the petitioner is recorded owner of the land in question and that respondent No.7 has allegedly taken forcible possession thereof 3 and raised construction. It is submitted that the petitioner approached respondent No.6-Tahsildar, pursuant to which proceedings were initiated and an order dated 16.06.2026 was passed. However, the proceedings are still pending and no effective action has been taken for restoration of possession. Learned counsel, therefore, prays for a direction to the competent authority to conclude the pending proceedings expeditiously in accordance with law. 4. Learned State counsel, appearing for the respondents/State authorities, submits that proceedings have already been initiated before the competent Tahsildar and are pending consideration. It is submitted that the competent authority shall consider the matter in accordance with law and pass an appropriate order after affording due opportunity of hearing to all necessary parties, including respondent No.7. 5. I have heard learned counsel for the parties and perused the material available on record. 6. From perusal of the pleadings and documents placed on record, it appears that proceedings concerning the petitioner's grievance have already been initiated before the competent Tahsildar and the same are pending consideration. In such circumstances, this Court does not deem it appropriate to express any opinion on the merits of the dispute or to issue any direction for restoration of possession at this stage. 4 7. The competent revenue authority, where the proceedings are already pending, is required to consider the matter on its own merits and in accordance with the applicable provisions of law, after affording due opportunity of hearing to all necessary parties, particularly respondent No.7. 8. Accordingly, the concerned Tahsildar is directed to consider and conclude the pending proceedings expeditiously, after granting due opportunity of hearing to the petitioner, respondent No.7 and all other necessary/affected parties, and thereafter pass an appropriate, reasoned and speaking order strictly in accordance with law. 9. It is made clear that this Court has not expressed any opinion on the merits of the rival claims of the parties, and the competent authority shall take an independent decision uninfluenced by any observation made in the present order. 10. With the aforesaid direction, the writ petition stands disposed of. sd/- (Amitendra Kishore Prasad) Judge Vishakha