1 2026:CGHC:16750 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1742 of 2026 Birendra Bharti S/o Shukhlal Bharti Aged About 53 Years R/o Namnakala, Near Housing Board P.S. Gandhinagar Tahsil Ambikapur Ambikapur District- Surguja Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Department of Revenue Mahanadi , Atal Nagar, Naya Raipur Chhattisgarh 2 - Collector Surguja District- Surguja Chhattisgarh 3 - Sub Divisional Officer (Revenue) Ambikapur District- Surguja (C.G.) 4 - Tehsildar (Nazul) Ambikapur District- Surguja (C.G.) 5 - Municipal Corporation Ambikapur Through Its Commissioner Ambikapur District- Surguja Chhattisgarh 6 - Aalomani Tirkey W/o Late Mohan Tirkey Aged About 53 Years R/o Namnakala P.S. Gandhinagar Tahsil Ambikapur, Ambikapur District- Surguja Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Vidya Bhushan Soni, Advocate For State : Mr. Sabyasachi Choubey, Govt. Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 10.04.2026 1. This matter has been listed in default. 2. However, considering the nature of the dispute involved, this Court proceeds to hear the matter finally; accordingly, the defects pointed out by the Registry are waived. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.04.10 18:23:15 +0530 2 3. By filing the present petition, the petitioner assails the order dated 19.03.2026 (Annexure P/1) passed by the Tehsildar, Nazul, Ambikapur, whereby the petitioner has been directed to remove his possession from the Government Nazul land bearing Survey No. 494/1 admeasuring 409.975 sq. mtrs., out of the total area of 3.963/4 acre. It has further been alleged in the impugned order that the petitioner has encroached upon the aforesaid land by constructing a steel shed house and shop over an area of 409.975 sq. mtrs., and has additionally encroached upon 87.07 sq. mtrs. by raising illegal residential construction. The petitioner has filed this writ petition with the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to call records with respect to the instant writ petition. 10.2 That, this Hon'ble Court may kindly be pleased to quash/set-aside the impugned last eviction order dated 19.03.2026 (Annexure P/1) issued by the Learned Tehsildar (Nazul), Ambikapur, District Surguja (C.G.), in the interest of justice. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to not evict the petitioner in pursuant to the last eviction order dated 19.03.2026 passed by the Learned Tehsildar (Nazul), Ambikapur, District Surguja (C.G.) from the piece of Government Nazul Land bearing land no. 494/1, in the interest of justice. 3 10.4 Any other relief, which may deem fit in the interest of justice.” 4. Brief facts of the case are that the petitioner is a resident of Near Housing Board Colony, Namnakala, Ambikapur (Chhattisgarh), and has been in possession of a Nazul land bearing Khasra No.494/1, admeasuring about 315 sq. mtrs., for more than 30 years, upon which he had constructed a house and a small shop for his livelihood. Respondent No. 5, who is the second wife of the petitioner, submitted a complaint before the Tehsildar, Nazul, Ambikapur, alleging illegal construction over Government Nazul land and seeking restraint on further construction. Acting upon the said complaint, the Tehsildar passed a stay order dated 14.11.2025 and issued notice to the petitioner. The petitioner appeared and filed a reply stating long-standing possession, payment of municipal taxes, and that only renovation of an old structure was being carried out. 5. Subsequently, a spot inspection report was called for, wherein it was reported that the land in question is Government Nazul land bearing Plot No. 494/1, total area 3.96 acres, and that the petitioner had encroached upon 409.975 sq. mtrs. by constructing a sheet-roofed house/shop, along with additional construction over 87.07 sq. mtrs. On the basis of the said report, the Tehsildar passed an eviction order dated 28.01.2026, imposing a fine of ₹1,000/- and directing removal of possession within 15 days, which fine has been deposited by the petitioner. Thereafter, 4 Respondent No. 5 filed W.P.(C) No. 1045/2026 before this Court seeking enforcement of the eviction order, wherein this Court, vide order dated 12.03.2026, directed compliance within 30 days. Pursuant thereto, the Tehsildar passed the impugned final eviction order dated 19.03.2026 directing the petitioner to vacate the land admeasuring 409.975 sq. mtrs. 6. The petitioner has already preferred an appeal under Section 44 of the Chhattisgarh Land Revenue Code, 1959 (for short, ‘Code’) along with an application for stay under Section 52 before the Sub-Divisional Officer (Revenue), Ambikapur, which is pending consideration. Hence, the present writ petition has been filed seeking protection against dispossession and challenging the impugned eviction order. 7. Learned counsel for the petitioner submits that the impugned eviction order dated 19.03.2026 is wholly arbitrary, illegal and unsustainable in the eyes of law. It is contended that the petitioner has been in settled possession of the land in question for more than 30 years, where he has constructed a small steel sheet- roofed house and shop, and is residing therein along with his children and aged parents. It is further submitted that the entire proceedings have been initiated at the instance of respondent No.5, who, due to personal vendetta and matrimonial discord, has falsely alleged encroachment only with an intention to harass and dispossess the petitioner. He further submits that the petitioner is 5 a poor tribal person belonging to Below Poverty Line category and is a man of limited means, who has constructed a temporary structure solely for the purpose of earning livelihood. It is urged that the petitioner is a ration card holder and has no alternative accommodation, and therefore, the impugned action of eviction would render him and his family homeless and destitute. 8. It is contended that the respondent authorities have failed to consider that the petitioner has been residing over the land for decades and has been regularly paying municipal taxes including property tax, water tax and other charges, which establishes his long-standing possession and bonafide occupation. It is further submitted that the petitioner had already moved an application dated 22.07.2021 before the Collector, Ambikapur seeking grant of patta/lease over the land in question, which is still pending consideration, and therefore, till final adjudication of the said application, the petitioner ought not to be dispossessed. It is further submitted that the allegation made by respondent No. 5 regarding obstruction of her alleged access way is factually incorrect, as she is no longer residing at the said place for the last two years, and sufficient access ways exist on all sides of the petitioner’s house. It is argued that the complaint itself is malafide and motivated, and has been filed only to pressurize the petitioner due to strained personal relations. 6 9. It is further submitted that the impugned order has been passed in undue haste, without proper consideration of the reply and material placed on record by the petitioner, and in apparent collusion with respondent No. 5. The authorities have failed to take into account the socio-economic condition of the petitioner and the fact that similarly situated persons are also occupying the surrounding land, yet no action has been taken against them, thereby singling out the petitioner for hostile discrimination. It is submitted that the execution of the impugned eviction order would cause grave and irreparable injury to the petitioner, as he would be rendered shelterless, thereby violating his right to livelihood and shelter. Lastly, it is submitted that the petitioner has been given sufficient opportunity, and since 2025, notices have been issued; however, the petitioner has neither responded nor approached this Court within time. As such, no order can be passed in this case. 10. Having considered the submissions of learned counsel for the petitioner as well as the material available on record, and further taking into account the facts and circumstances of the case, this Court finds that the petitioner, being aggrieved by the order passed by the Tehsildar, Nazul, has already preferred an appeal before the competent Appellate Authority, i.e., the Sub-Divisional Officer (Revenue), along with an application for grant of stay under Section 52 of the Chhattisgarh Land Revenue Code, 1959. 7 The said appeal and stay application, filed on 27.03.2026, are stated to be pending consideration. 11. In view of the aforesaid, this Court deems it appropriate to relegate the petitioner to avail the remedy already invoked. Accordingly, the petitioner is directed to approach the concerned Sub-Divisional Officer (Revenue) for expeditious consideration of the pending stay application. While disposing of the present petition, the concerned Sub-Divisional Officer (Revenue) is directed to consider and decide the said stay application, in accordance with law, as expeditiously as possible. It is further directed that till the decision of the stay application, no coercive steps shall be taken against the petitioner in respect of the property in question. 12. The learned State counsel is directed to communicate this order to the concerned Tehsildar, Nazul, for necessary compliance. 13. With the aforesaid observations/directions, instant writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Yogesh