VINOD LODHI @ VINOD VERMA v. STATE OF CHHATTISGARH
WPC/4440/2026 · 2026-08-23
Shri Amitendra Kishore Prasad
body2026
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[ 2026 DAILYLAW 32812 (CHH) · dailylaw.ai ]
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[ 2026 DAILYLAW 32812 (CHH) · dailylaw.ai ]
Judgment text
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CGHC010333602026
2026:CGHC:37940
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4440 of 2026 • Vinod Lodhi @ Vinod Verma S/o Rohit Lodhi Aged About 35 Years R/o Village- Tendua Tahsil- Nandghat District- Bemetara Chhattisgarh
... Petitioner versus
1. State Of Chhattisgarh Through The Collector Bemetara, District Bemetara Chhattisgarh.
2. The Sub Divisional Officer (Revenue) Nawagarh, District- Bemetara Chhattisgarh.
3. The Tahsildar Nandghat District Bemetara Chhattisgarh.
4. The Revenue Inspector Smbalpur Tahsil- Nandghat District- Bemetara Chhattisgarh.
5. Vijay Upadhyay Ex- Sarpanch Gram Panchayat Tendua Tahsil - Nandghat, District- Bemetara Chhattisgarh.
... Respondents For Petitioner : Ms. Reema Dubey, Advocate. For State/Respondents : Mr. Soumitra Kesharwani, P.L.
Hon’ble Shri Justice Amitendra Kishore Prasad
Order on Board 24/08/2026
1. Heard.
2. The instant writ petition has been preferred by the petitioner under Article 226 of the Constitution of India, challenging the order dated 22.07.2026 (Annexure-P/5) passed by the Sub Divisional Officer (Revenue) Nawagarh, District Bemtara (C.G.), by which the appellate DEEPTI JHA Digitally signed by DEEPTI JHA
2 authority has dismissed the appeal filed by the petitioner holding therein that the concerned Tehsildar has rightly passed the order against the petitioner holding that petitioner is an encroacher and he has failed to show any illegality in the said order.
3.
Learned counsel for the petitioner submits that against the order dated 22.07.2026, he has to file a proper second appeal before the concerned Collector. However, since a notice for demolition has been issued on 07.08.2026 (Annexure-P/1), as such the petitioner has rushed to this Court, even when the alternative remedy is available to him. She further submits that atleast 10 days’ may be given to the petitioner, so that he may file appropriate appeal / revision before the concerned competent authority against the order dated 22.07.2026.
4. Learned State counsel opposes the submission made by the counsel for the petitioner and submits that the said order was passed on 22.07.2026 and the petitioner should have approached before the concerned Court within time. However, the petitioner has not approached before the concerned Court against the order dated 22.07.2026, as such the petitioner, who is encroacher has rightly received the notice dated 07.08.2026 for removal of encroachment.
5. Considering the aforesaid facts and circumstances of the case, petitioner is relegated to file an appeal / revision before the competent authority within a period of 10 days’ from the date of receipt of copy of this order and in turn, the concerned competent authorities are directed not to take any coercive steps against the petitioner for a period of 15 days from today, i.e., 24.08.2026.
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6. However, concerned authorities are at liberty to pass an appropriate
order, after providing due opportunity of hearing to the petitioner as well as other side.
7. It is made clear that this Court has not made any observations on the merits of the case.
8. With the aforesaid observation and direction, the instant writ petition stands disposed of.
9. Interlocutory application(s), pending if any, also stands disposed of. Sd/-
(Amitendra Kishore Prasad)
Judge Deepti Jha