1 CGHC010351612026 2026:CGHC:39622 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4622 of 2026 1 - Tikaram Sahu S/o Janku Aged About 58 Years Caste Teli, R/o Village Aurenthi, P. H. No. 16, Tehsil Simga, District Balodabazar Bhatapara, C. G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Secretary Department Of Revenu Mahanadi Bhawan New, Mantralaya, Naya Raipur C. G. 2 - Collector Balodabazar District Balodabazar Bhatapara. C. G. 3 - Sub Divisional Office (Rev) Simga District Balodabazar Bhatapara, C.G. 4 - Tehsildar Tehsil Simga, District Balodabazar Bhatapara. C. G. ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Mr. C.K. Sahu, Advocate For State :- Dr. Arham Siddiqui, P.L. ----------------------------------------------------------------------------------------------- SB-Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 10.09.2026 1. Following reliefs have been prayed in this petition:- VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 “(i) That, the Hon'ble Court may kindly be pleased to quash the impugned eviction warrant dated 24.06.2026 (Annexure P-1), in the interest of justice. (ii) Any other relief, which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be granted in favour of the petitioner..” 2. Learned counsel appearing for the petitioner submits that the eviction warrant dated 24.06.2026 has been issued against the petitioner pursuant to the proceedings initiated under Section 248(2-A) of the Chhattisgarh Land Revenue Code, 1959. He submits that in the said proceedings, an order dated 04.06.2025 has been passed, whereby the petitioner has been directed to remove the alleged illegal encroachment. 3. It is further submitted that the land in question is bearing Khasra No.291/1, measuring 35 feet in length and 30 feet in breadth, i.e. 1050 square feet, over which the petitioner is stated to have constructed three rooms and one hall. Learned counsel submits that the proceedings were initiated behind the back of the petitioner and that he had no knowledge thereof. 4. Be that as it may, admittedly, the petitioner has not availed the statutory remedy available against the order dated 04.06.2025. 5. In view of the aforesaid, without entering into the merits of the matter, the petitioner is directed to avail the appropriate statutory remedy by filing an appeal against the order dated 04.06.2025 before the 3 competent appellate authority, within a period of 15 days from today, along with the requisite application, if any, under Section 52 of the Chhattisgarh Land Revenue Code, 1959. 6. In the event such an appeal is filed within the aforesaid period, the competent appellate authority shall consider the application for interim relief/stay and decide the same, in accordance with law, preferably within a period of 60 days from the date of filing of the appeal. 7. Till the aforesaid period of 60 days expires, no coercive action shall be taken against the petitioner pursuant to the impugned eviction warrant dated 24.06.2026. 8. It is made clear that this Court has not expressed any opinion on the merits of the case, and all questions are left open to be considered by the competent authority in accordance with law. 9. With the aforesaid directions, the writ petition stands disposed of. sd/- (Amitendra Kishore Prasad) Judge Vishakha