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2026 DAILYLAW 40045 (CHH)

SUDHIR KUMAR SAHU v. STATE OF CHHATTISGARH

WPC/5325/2026 · 2026-10-14

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010415192026 2026:CGHC:44602 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5325 of 2026 1 - Sudhir Kumar Sahu S/o Ramesh Chandra Sahu Aged About 49 Years R/o Ward No. 15, Dantewada, District South Bastar Dantewada Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Revenue Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar Chhattisgarh 2 - Collector South Bastar Dantewada, District South Bastar Dantewada Chhattisgarh 3 - Sub-Divisional Officer (Revenue) Dantewada, District South Bastar Dantewada Chhattisgarh 4 - Tahsildar, Dantewada District South Bastar Dantewada Chhattisgarh 5 - Smt. Sunita Tomar W/o Late Shivdayal Tomar Aged About 50 Years R/o Ward No. 15, Dantewada, District South Bastar Dantewada Chhattisgarh ... Respondent(s) ( Cause title taken from CIS Periphery) For Petitioner(s) : Mr. Kamlesh Patel, Advocate For Respondent/State : Mr. Anil S. Pandey, G.A., appears on advance copy RUCHI YADAV Digitally signed by RUCHI YADAV 2 SB: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 15/10/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 This Hon'ble Court may kindly be pleased to allow the instant petition and set aside/quash the impugned order dated 05-10-2026 passed by the Collector, South Bastar Dantewada (Respondent No. 2) in Revenue Appeal Case No. 202510950100003/A-70/2025-26 (Annexure-P/6). 10.2 This Hon'ble Court may kindly be pleased to allow the instant petition and set aside/quash eviction warrant-cum- notice dated 12-10-2026 issued by the Tahsildar, Dantewada under Section 38 of the Chhattisgarh Land Revenue Code, 1959 (Annexure-P/7), and all proceedings consequent thereon. 10.3 Any other relief which the Hon'ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted.” 2. Learned counsel appearing for the petitioner submits that although an alternative remedy of filing a revision is available against the order dated 05.10.2026, the petitioner has approached this Court in view of the subsequent eviction order dated 12.10.2026. He submits that, in the event the said eviction order is given effect to, the petitioner would be dispossessed from the subject premises and, therefore, the petitioner would suffer serious prejudice. 3. Learned State counsel, on the other hand, submits that the petitioner has an efficacious alternative remedy of filing an appropriate revision before the competent authority against the order dated 05.10.2026 and, therefore, the present petition may not be entertained. 3 4. Heard learned counsel for the parties and perused the material available on record. 5. Considering the aforesaid submissions and the facts and circumstances of the case, the petitioner is granted liberty to file an appropriate revision before the competent authority within a period of 15 days from today. 6. In the meanwhile, the respondents/concerned authorities are directed not to take any coercive steps pursuant to the eviction order/notice dated 12.10.2026 for a period of 15 days from today. 7. With the aforesaid observations and directions, the present petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Ruchi