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2026 DAILYLAW 33869 (CHH)

HEERABAI TANDON v. STATE OF CHHATTISGARH

WPC/1357/2023 · 2026-08-16

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010087762023 2026:CGHC:36669 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1357 of 2023 1 - Heerabai Tandon W/o Late Hetram @ Hetdwip Tandon Aged About 66 Years R/o Ward No.27, At Present Ward No.25 House No.1024, Kouhakunda, Raigarh, Tahsil And District Raigarh, Civil And Revenue District Raigarh, Chhattisgarh. 2 - Banshi Kumar Tandon S/o Late Hetram @ Hetdwip Tandon Aged About 38 Years R/o Ward No.25, House No.1024, Kouhakunda, Raigarh, Tahsil And District Raigarh, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Revenue And Disaster Management Department, Mahanadi Bhavan, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh 2 - The Collector Raigarh, District : Raigarh, Chhattisgarh 3 - The Sub Divisional Officer (Revenue) / Nazul Officer Raigarh, District : Raigarh, Chhattisgarh 4 - The Tahsildar Raigarh, District : Raigarh, Chhattisgarh 5 - The Municipal Corporation Raigarh Through Its Commissioner, Raigarh, District : Raigarh, Chhattisgarh 6 - Shri H.R. Mahilane President Satnami Samaj, R/o Prachi Vihar, Raigarh, Tahsil Raigarh, District : Raigarh, Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Manoj Kumar Sinha, Advocate. For State : Shri Shreyansh Mehta, PL. For Respondent No.5 : Shri Pankaj Agrawal, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 17/08/2026 1. This Writ Petition has been filed for the following reliefs:- AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.08.18 10:35:57 +0530 2 10.1 That the Hon'ble Court be pleased to call for the entire records of the petitioner case. 10.2 That the Hon'ble Court may be pleased to quash the order dated 31.10.2022 and memo dated 02.03.2023 (Ann.P/1) issued by the Tahsildar Raigarh by which the petitioners are directed to vacate the subject house of plot No.86/1 situated at Kauhakunda Tah.&Distt. Raigarh. 10.3 That the Hon'ble Court may be pleased to direct the Respondent authority to consider and decided the pending applications submitted by the petitioner for grant and allotment of lease of above house and properties as per Van Adhikaro Ki Manyata) Adhiniyam 2006.within stipulated period. 10.4 Any other order that the Hon'ble Court deems fit and necessary in the circumstances of the case be also passed. 10.5 That the cost of the petition be also awarded to the petitioner. 2. Learned counsel for the petitioner submits that this writ petition is directed against the order dated 31.10.2022 and consequential memo dated 02.03.2023 issued by the Tahsildar, Raigarh, whereby the petitioners have been directed to vacate the house situated over Plot No. 86/1, Kauhakunda, Tahsil and District Raigarh. 3. Counsel for respondents at the outset submit that the petitioner is having alternate remedy under the law, as such, this Writ Petition is not maintainable and is liable to be dismissed on this ground alone. 4. Counsel for the petitioner fairly submits that he is not availed himself of the statutory remedy available to him under the law. 5. Considering the submission made by the parties, it appears that the petitioner is having an alternate remedy under the law in the matter, which is the petitioner has not availed and for this reason alone, this Writ Petition cannot be kept pending. Hence, this Writ Petition is disposed of with a direction to the petitioner to approach before the concerned authority availing 3 himself of the alternate remedy available to him within a period of 10 days from today. 6. Vide order dated 21.03.2023, this Court had directed the parties to maintain status quo as it existed at that point of time. Therefore, it is also directed that till 10 days from today, order dated 21.03.2023 will remain in opearation. 7. It is made clear that this Court has not expressed any opinion on the merits of the case and the concerned authority is at liberty to pass appropriate orders on its own merits in accordance with law. Sd/- (Amitendra Kishore Prasad) Judge Avinash