1 2026:CGHC:17656 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1606 of 2026 Uday Prasad Pankaj S/o Late Shri Ramnarayan Aged About 62 Years Caste Satnami, R/o Village And Post Masturi, Tahsil- Masturi, District Bilaspur (C.G.) --- Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Commissioner Bilaspur Division District Bilaspur (C.G.) 3 - Collector District Bilaspur (C.G.) 4 - Sub Divisional Officer (Revenue) Masturi, District Bilaspur (C.G.) 5 - Tahsildar Masturi, District Bilaspur (C.G.) 6 - Maniram Khandekar S/o Late Shri Ramadhin Khandekar R/o Village And Post Masturi, Tahsil- Masturi, District Bilaspur (C.G.) 7 - Smt. Son Kumari Khander W/o Maniram Khandekar R/o Village And Post Masturi, Tahsil- Masturi, District Bilaspur (C.G.) --- Respondents For Petitioner : Mr. Sourabh Sahu, Advocate For Respondents 1 to 5/State : Mr. Shreyansh Mehta, Panel Lawyer (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 17.4.2026 1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India, seeking following relief(s):- i. That this Hon'ble Court may kindly be pleased to quash the Order dated 25/02/2026, passed in the Revenue Case No.20240807130044/9901/APL/A-13, Passed by Respondent no.2. BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.04.20 10:26:34 +0530 2 ii. That, this Hon'ble Court may kindly be pleased to direct the respondent no.2 to pass the order of status quo till the matter is decided finally by the respondent no.2 iii. Any other relief, which this Hon'ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice. 2. Learned counsel for the petitioner submits that respondents No.6 & 7 had filed application under Section 131 of the Chhattisgarh Land Revenue Code, 1959 (for short ‘the Code 1959’) before respondent No.5-Tahsildar, Masturi, Distt. Bilaspur (CG), alleging therein that the petitioner has raised wall thereby blocked the path way to approach their land. That application was allowed by the Tahsildar, who directed removal of the alleged obstruction. Aggrieved by the said order, the petitioner filed an appeal before Sub Divisional Officer (Revenue), which was dismissed. Thereafter the petitioner filed a second appeal before the Commissioner, Bilaspur Division, Bilaspur, which is presently pending consideration. It is further submitted that vide Order dated 06.8.2025, the Commissioner granted stay in favour of the petitioner against the order passed by the Tahsildar, but on the next date of hearing, the said interim order was vacated and the application seeking extension of stay period was dismissed on the ground that stay period cannot be extended in view of the proviso to Section 52(2) of the Code 1959. Learned counsel further submits that since the appeal (Annexure-P/5) has been pending before the Commissioner, Bilaspur since 01.8.2025, this petition may be disposed of directing the Commissioner-respondent No.2 to decide the appeal within stipulated period. It is also prayed that till final adjudication of the said appeal, the effect and operation of order dated 22.7.2024 (Annexure-P/2) passed by Tahsildar, Masturi may be stayed. 3 3. Learned counsel for the State submits that since proviso to Section 52(2) of the Code 1959 specifically provides that execution of an order may be stayed until next date of hearing or for a period of one month, whichever is earlier, therefore, the Commissioner has declined to extend the period of the stay order. He further submits that appeal pending before the Commissioner shall be concluded at the earliest. 4. Heard learned counsel for the parties and perused the material available on record. 5. Having considered the contention put forth by learned counsel for both the parties, and particularly considering the limited prayer of the petitioner, instead of keeping this petition pending, it would be appropriate to dispose of this petition directing the Commissioner, Bilaspur Division, Bilaspur to decide the appeal bearing No. 20240807130044/9901/APL/A-13, as early as possible, preferably within a period of 45 days from the date of receipt of a copy of this order. It is further directed that till then, the effect and operation of order dated 22.7.2024 (Annexure-P/2) passed by respondent No.5- Tahsildar, Masturi, shall remain stayed. 6. Learned counsel for the petitioner is directed to submit a copy of this order before respondent No.2-Commissioner, Bilaspur Division, Bilaspur, within a week from today. 7. With aforesaid observation and direction, this petition stands disposed of. 8. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Bini