1 2026:CGHC:8025 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 630 of 2026 1 - Prabhakar Tiwari S/o Harnarayan Tiwari Aged About 51 Years R/o Village Kanhaiband, Tehsil- Janjgir, District- Janjgir-Champa (C.G.) 2 - Umesh Kumar Rathore S/o Narrottam Prasad Rathore Aged About 52 Years R/o Village Kanhaiband, Tehsil- Janjgir, District- Janjgir-Champa (C.G.) 3 - Dhansai S/o Sukhram Aged About 57 Years R/o Village Kanhaiband, Tehsil- Janjgir, District- Janjgir-Champa (C.G.) 4 - Chitrabhan Singh Rathore S/o Late Amarnath Rathore Aged About 48 Years R/o Village Kanhaiband, Tehsil- Janjgir, District- Janjgir-Champa (C.G.) 5 - Vinod Kumar Goyal S/o Laxmiprasad Goyal Aged About 45 Years R/o Village Kanhaiband, Tehsil- Janjgir, District- Janjgir-Champa (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue, Mantralaya, Naya Raipur, Distt. Raipur (C.G.) 2 - Collector District- Janjgir-Champa (C.G.) 3 - Sub-Divisional Officer (Revenue) Distt.- Janjgir-Champa (C.G.) 4 - Neeraj Singh S/o Sitaram Singh Aged About 46 Years R/o Village Khamartarie, Tehsil- Bilaspur, Distt.- Bilaspur (C.G.) ... Respondents (Cause title, as taken from CIS system) For Petitioners : Mr. H.S. Ahluwalia, Advocate. For State/ Respondent No.1 to 3 : Mr. Anadi Sharma, Panel Lawyer. RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2026.02.13 17:27:12 +0530 2 (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 13/02/2026 1. This petition has been preferred by petitioners under Article 226 of the Constitution of India against the inaction and apathy of respondent No.2, the Collector, District Janjgir-Champa, as he is not deciding the appeal filed by the petitioners as well as the interim application filed under Section 52 of the Chhattisgarh Land Revenue Code, 1959 (hereinafter referred to as “Act of 1959”). 2. Learned counsel for the petitioners would submit that the petitioners are residents of Village Kanhaiband, Tehsil Janjgir, District Janjgir- Champa (CG). Respondent No.4 is the recorded owner of the land bearing khasra Nos.660/2, 660/5, 660/6, 660/7 and 660/8, total area 1.77 acres, situated at village Kanhaiband, Patwari Halka No.24, Tehsil Janjgir, District Janjgir-Champa. He would further submit that aforesaid agricultural land has been converted for industrial purpose vide order dated 25.07.2025 (Annexure -P/1) passed by the respondent No.3 in Revenue Case No.202507060300024/A-2/2024-25, pursuant to an application filed by respondent No.4, without following the procedure prescribed under the Act of 1959. He further submitted that the said order has been assailed by the petitioners by filing an appeal bearing Case No. 202507060300024/0601/APL/A-2/2024-25 before the Collector, Janjgir-Champa (respondent No.2), along with application for interim relief under Section 52 of the Act of 1959. The said appeal has been pending consideration since 14.11.2025. However, neither the interim application under Section 52 of the Act of 1959 nor the appeal 3 itself has been decided till date. Meanwhile, under the garb of the order dated 25.07.2025, respondent No.4 is stated to be levelling the said agricultural land. Hence, learned counsel prays that this petition may be disposed of with a direction to respondent No.2, the Collector, Distt. Jangir-Champa, to decide interim application filed under Section 52 of the Act of 1959 as well as the appeal within a time period stipulated by this Court. 3. Learned counsel appearing for the State/respondents No.1 to 3 would submit that the proceedings are under consideration and various information has been sought by the Collector from the Tahsildar and other officers. He further submitted that interim application as well as appeal shall be decided expeditiously in accordance with law. 4. Heard learned counsel for both the parties and perused the material available on record. 5. The petitioners have filed the order sheets of Appeal Case No. 02507060300024/0601/APL/A-2/2024-25, which show that the Collector/Respondent No.2 has sought various information on different dates of hearing. This indicates that the appeal proceedings are going on. However, if there is any delay in deciding the appeal on merits, the Collector ought to have decided interim application (stay application) filed by petitioners under Section 52 of the Act of 1959, which has not been decided till date. 6. Having considered the aforesaid facts and the contentions made by learned counsel for the parties, this petition is disposed of directing respondent No.2, the Collector, Janjgir, District Janjgir-Champa, to decide Appeal Case No.202507060300024/0601/APL/A-2/2024-25 filed by petitioners within a period of sixty days from the date of 4 receipt/submission of a copy of this order. Respondent No.2 is further directed to decide interim application filed by petitioners under Section 52 of the Act of 1959 within a period of fifteen days from the date of receipt/submission of a copy of this order in accordance with law. 7. With aforesaid observation and direction, this writ petition stands disposed of. 8. Pending interlocutory application(s), if any, also stands disposed of. No order as to cost(s). Sd/- (Naresh Kumar Chandravanshi) Judge Rukhsar