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2026 DAILYLAW 6984 (CHH)

RAJNARAYAN SAHU v. STATE OF CHHATTISGARH

WPC/1622/2026 · 2026-04-15

Shri Naresh Kumar Chandravanshi

body2026

Judgment text

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1 2026:CGHC:17492 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1622 of 2026 Rajnarayan Sahu S/o Late Sundar Lal Sahu Aged About 61 Years Resident Of Nehru Chowk, District- Baloda Bazar-Bhatapara Chhattisgarh, ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary Department Of Urban Administration And Development 4th Floor, Block- D Indrawati Bhawan Atal Nagar Nawa Raipur, District- Raipur (C.G.) 2 - The Commissioner Raipur Division District- Raipur (C.G.) 3 - Sub Divisional Officer (Revenue) District- Baloda-Bazar-Bhatapara (C.G.) 4 - Tehsildar District- Baloda-Bazar-Bhatapara (C.G.) 5 - Shraddhanand Agrawal S/o Late Bhola Prasad Agrawal R/o Near Bhaiya Pasra Agrawal Saw Mill District- Baloda-Bazar-Bhatapara (C.G.) ... Respondents For Petitioner : Mr. Prakash Tiwari and Mr. Palash Tiwari, Advocates For Respondents 1 to 4/State : Mr. Shobhit Mishra, Dy. Govt. Advocate (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 16.4.2026 1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India, seeking following relief(s):- 10.1 The Hon'ble Court may kindly be pleased to call for the entire record pertaining to the case of the petitioner for its kind perusal. BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.04.17 17:29:22 +0530 2 10.2 That, The Hon'ble Court may kindly be pleased to set aside/quash the order impugned dated 13.03.2026 passed by Respondent no. 2. (ANNEXURE P-1) 10.3 That, The Hon'ble Court may kindly be pleased to direct the Respondents to give effect to the Dispossession Warrant dated 11.03.2026 issued under Section 250 of the C.G.L.R.C. and restore possession to the Petitioner 10.4 That, the Hon'ble Court may kindly be pleased to grant any other relief, as it may deem fit and appropriate. 10.5 Cost of the petition may also be given. 2. Learned counsel for the petitioner submits that pursuant to an application filed by the petitioner under Section 250 of the Chhattisgarh Land Revenue Code, 1959 (for short ‘the Code 1959’), an eviction order was passed by the Tahsildar, Baloda Bazar, which was affirmed by the Sub Divisional Officer (Revenue) and second appeal filed by the respondent was also dismissed by the Commissioner, Raipur Division, Raipur vide Order dated 09.03.2026 (Annexure-P/9). Learned counsel further submits that despite dismissal of the appeal by the Commissioner, the Commissioner, vide the impugned order dated 13.03.2026 (Annexure P/1), stayed the operation of his own earlier order dated 09.03.2026 till 10.04.2026. It is contended that after passing the order dated 09.03.2026, the Commissioner became functus officio and, therefore, impugned order dated 13.3.2026 is completely perverse and illegal. Learned counsel further submits that since the stay granted vide impugned order dated 13.03.2026 was operative only till 10.04.2026, the said period has already expired, and therefore, the relief sought for setting aside the said order has lost its efficacy. However, learned counsel prays that this petition may be disposed of with liberty to the petitioner to file appropriate application before respondent No.4-the Tahsildar, 3 Baloda Bazar, for enforcement of the eviction order dated 20.5.2025 (Annexure-P/7) passed in Revenue Case No.202107210300028/A/70/2020- 2021. 3. Learned counsel for the State has no objection if the above prayer of the petitioner is allowed. 4. Heard learned counsel for the parties and perused the material available on record. 5. Since the relief sought by the petitioner for quashment of order dated 13.3.2026 (Annexure-P/1) passed by the Commissioner, Raipur Division, Raipur, has lost its efficacy, as the period of stay granted therein till 10.4.2026 has already lapsed, the said relief has become infructuous. Therefore, having considered the limited prayer of the petitioner, this petition is disposed of with liberty to the petitioner to approach respondent No.4-Tahsildar, Baloda Bazar, for giving effect to the Order dated 20.5.2025 (Annexure-P/7) passed in Revenue Case No.202107210300028/A/70/2020-2021. 6. With aforesaid observation and direction, this petition stands disposed of. 7. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Bini