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2026 DAILYLAW 6470 (CHH)

BEENA SINGH v. STATE OF CHHATTISGARH

WPC/1776/2026 · 2026-04-14

Shri Naresh Kumar Chandravanshi

body2026

Judgment text

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1 2026:CGHC:17229 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1776 of 2026 1 - Beena Singh W/o. Devraj Singh Aged About 53 Years R/o. Village Chirhula, Tahsil And District Mungeli (C.G.) Current Address- Maharana Pratap Ward, Pandariya Raod, Infront Of Bijli Office, Mungeli, Tahsil And District- Mungeli (C.G.) 2 - Devraj Singh S/o. Late Ramji Singh Aged About 60 Years R/o. Village Chirhula, Tahsil And District Mungeli (C.G.) Current Address- Maharana Pratap Ward, Pandariya Raod, Infront Of Bijli Office, Mungeli, Tahsil And District- Mungeli (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management Mahanadi Bhawan Atal Nagar Nawa Raipur (Cg.) 2 - State Of Chhattisgarh Through Collector, District Mungeli (C.G.) 3 - The Commissioner Bilaspur Division Bilaspur (C.G.) 4 - Sub-Divisional Officer (Revenue) Mungeli, Disrict- Mungeli (C.G.) 5 - Tahsildar Mungeli, District Mungeli (C.G.) 6 - Sudhir Gowardhan S/o. Late Balkrishna Gowardhan R/o. Village Pendarakapa, Tahsil And District- Mungeli (C.G.) ... Respondents (Cause title, as taken from CIS) For Petitioners : Mr. Ankur Diwan, Advocate. For Resp. No. 1 to 5 : Mr. Shobhit Mishra, Dy. Govt. Advocate. 2 {Hon’ble Mr. Justice Naresh Kumar Chandravanshi) Order on Board 15/04/2026 1. Instant writ petition under Article 226 of the Constitution of India has been preferred by the petitioner seeking following reliefs. (1) It is therefore prayed that, This Hon’ble Court may kindly pleased to issue a writ/order/directions to quash/set-aside the eviction notice dated 25.03.2026 (Anmnexure P-1), in the interest of justice. (ii) To direct the respondent no. 3, Commissioner, Bilaspur Division to decide the stay application & appeal pending before him, within stipulated period. (iii) To direct the respondent No. 5, not to take any coercive steps against the Petitioners with respect to the impugned eviction notice dated 25.03.2026, till the stay application / appeal is decided by respondent no. 3. (iv) Any other relief/ reliefs, which this Hon’ble Court may think fit and proper in the facts and circumstances of the case, may also please be granted to the petitioner.” 2. Counsel for the petitioner submits that eviction order has been passed by the Tahsildar, Mungli (C.G.) in revenue Case No. 202409250200050/A-13/2023-24. He submits that first appeal preferred against the order of Tahsildar has also been dismissed by Sub Divisional Officer, Mungeli. Against which, second appeal is pending before Divisional Commissioner, Bilaspur Division, Bilaspur, despite that eviction notice has been issued against the petitioner, therefore, this petition may be admitted for hearing. 3. Counsel for the State submits that there is provision of filing second appeal under Section 44 (2) of the C.G. Land Revenue Code, 1959 is available with the petitioner, which he has already invoked. 4. Heard counsel for the parties and perused the material available on record. 3 5. Having considered the submissions putforth by counsel for the parties and considering the fact that alternative efficacious remedy available to the petitioner has already been invoked by him. Hence, this court is not inclined to entertain instant petition invoking extraordinary jurisdiction of this Court. However, considering the prayer made by counsel for the petitioner, Commissioner, Bilaspur Division, Bilaspur is directed to decide interim application filed by the petitioner under Section 52 of the Code, 1959 as early as possible, so that immediate grievance of the petitioner may be redressed. 6. With the aforesaid observations & directions, this petition stands disposed of. 7. Pending interlocutory application (s), if any, also stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.04.16 17:42:59 +0530