1 CGHC010328202026 2026:CGHC:39724 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4453 of 2026 1 - Girdhari Nishad S/o Late Shri Udayram Nishad Aged About 65 Years R/o Village Hardas, Block- Saaja, Tahsil And Police Station Khamharia, Bemetara, District - Bemetara (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, District Raipur (C.G.) 2 - The Collector Bemetara District - Bemetara (C.G.) 3 - Sub-Divisional Officer (Revenue) Saja / Than-Khamharia, District Bemetara (C.G.) 4 - The Tehsildar Than - Khamharia Tehsil Office Than - Khamharia District - Bemetara (C.G.) 5 - District Mining Officer Collectorate Office, Bemetara, District Bemetara (C.G.) 6 - Bhikham Sahu S/o Maniram Sahu, Resident Of Village Hardas, Block - Saaja, Tehsil And P.S. - Khamharia, District Bemetara (C.G.) RUCHI YADAV Digitally signed by RUCHI YADAV 2 7 - The Patwari Patwari Halka No. 15, Karesara Tah.- Than-Khamharia, District - Bemetara (C.G.) ... Respondent(s) ( Cause title taken from CIS Periphery) For Petitioner(s) : Mr. Syed Ishhadil Ali, Advocate For State/Respondent : Mr. Anand Dadariya, Dy. Advocate General SB: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 10/09/2026 1. Heard. 2. On the last date of hearing, i.e., on 01.09.2026, learned State counsel was directed to seek proper instructions in the matter. 3. Today, learned State counsel submits that the petitioner himself had filed an application before the concerned Tehsildar and, in the said proceedings, the concerned Tehsildar, Tehsil Than-Khamharia, has passed an order dated 23.07.2026, whereby the application filed by the petitioner has been dismissed, holding that the allegations raised by the petitioner with regard to obstruction have not been found proved. Since the concerned Tehsildar has already passed an order on the merits of the application, the petitioner would be required to challenge the said order before the Appellate Authority under Section 144(1) of the CGLRC. 3 4. Accordingly, at this stage, learned counsel for the petitioner seeks permission of this Court to withdraw the present petition with liberty to file a duly constituted appeal against the order dated 23.07.2026. 5. Learned counsel appearing for the respondent/State has no objection to the prayer made by learned counsel for the petitioner. 6. In view of the aforesaid and the prayer made by learned counsel for the petitioner, permission, as prayed for, is granted. The petition is, accordingly, dismissed as withdrawn with liberty to the petitioner to file a duly constituted appeal against the order dated 23.07.2026. 7. In case the petitioner prefers an appeal before the Appellate Authority, the concerned authority is directed to consider and decide the same expeditiously, in accordance with law. Sd/- (Amitendra Kishore Prasad) Judge Ruchi