Extracted from the PDF above. The PDF is authoritative.
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CGHC010297432026
2026:CGHC:38321
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4436 of 2026 1 - Vaibhav Golcha S/o Shri Trilokchand Golcha, Aged About 39 Years R/o Trilok Chand Golchha, Ward No. 45 Vardhman Jewellers Budha Para Dhalan Saddani Chowk Sadar Baza Raipur Chhattisgarh - 492001
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue Department, Mantralaya,
Nava
Raipur,
Atal
Nagar
(C.G.) 2 - The Sub-Divisional Officer (Revenue), Nagri, District Dhamtari (C.G.) 3
- The
Collector,
Dist.
Dhamtari
(C.G.) 4 - The Tahsildar, Nagri, District Dhamtari (C.G.) 5 - Gram Panchayat Hardibhatha, Through Its Sarpanch, Tahsil Nagri, District Dhamtari (C.G.)
... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Mrs. Astha Shukla, Advocate For State :- Mr. Shreyansh Mehta, P.L. ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad
Order On Board 31.08.2026
1. By way of the present writ petition, the petitioner has prayed for appropriate relief in respect of the grievance raised in the petition. VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR
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“(i) Issue an appropriate writ quashing the order dated 12.12.2025 passed by the Sub-Divisional Officer (Revenue), Nagri in Revenue Appeal Case. (ii) Pass any other order(s) as this Hon'ble Court may deem fit and proper in the interest of justice.”
2. At the outset, learned counsel appearing for the petitioner submits that the petitioner has an alternative and efficacious statutory remedy of preferring an appeal under Section 44(2) of the Chhattisgarh Land Revenue Code, 1959 before the competent Collector against the order impugned in the present writ petition.
Learned counsel for the petitioner, therefore, submits that the petitioner may be permitted to avail the aforesaid statutory remedy and, in the event such an appeal is filed, the competent authority may be directed to consider and decide the same expeditiously, particularly in view of the fact that the access of the petitioner to his land is being disturbed pursuant to the order under challenge.
3. Learned State counsel has no objection to the aforesaid prayer.
4. I have heard learned counsel for the parties and perused the material available on record.
5. Considering the nature of the grievance raised by the petitioner and the availability of an alternative statutory remedy under Section 44(2) of the Chhattisgarh Land Revenue Code, 1959, this Court is of the view that the petitioner ought to avail the said remedy in the first instance.
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6. Accordingly, the present writ petition is disposed of with liberty to the petitioner to file a duly constituted appeal under Section 44(2) of the Chhattisgarh Land Revenue Code, 1959 before the competent Collector within a period of 10 working days from today.
7. In the event the petitioner files such appeal within the aforesaid period, the competent authority shall consider and decide the same expeditiously and preferably within a period of four weeks from the date of its filing, in accordance with law, after affording due opportunity of hearing to all concerned parties.
8. Considering the submission that the access of the petitioner to his land is being disturbed, the competent authority shall, while considering the appeal, also consider the application for interim relief/stay, if filed by the petitioner, in the first instance and in accordance with law.
9. It is made clear that this Court has not expressed any opinion on the merits of the case and all questions of fact and law are left open to be considered by the competent appellate authority.
10. With the aforesaid liberty and directions, the present writ petition stands disposed of.
sd/- (Amitendra Kishore Prasad) Judge Vishakha