1 2026:CGHC:19920 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2068 of 2026 Md. Sajad S/o Md. Khalil Aged About 35 Years R/o. Ward No. 3, Ramanujganj, P.S.- Ramanujganj, District- Balrampur-Ramanujganj (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Secretary, Department Of Revenue, Ministry At Mahanadi Bhawan, New Raipur, Dist.- Raipur (C.G.) 2 - Commissioner Surguja Division, District- Surguja (Ambikapur) 3 - Collector Balrampur, District- Balrampur-Ramanujganj (C.G.) 4 - Sub Divisiional Officer (Revenue) Ramanujganj, District- Balrampur- Ramanujganj (C.G.) 5 - Tahsildar Ramanujganj, District- Balramppur-Ramanujganj (C.G.) 6 - Nagar Panchayat Ramanujganj District- Balrampur-Ramanujganj (C.G.). ... Respondent ------------------------------------------------------------------------------------------------- For the Petitioner : Mr. Pushkar Sinha, Advocate. For the State : Mr. Amit Nayak, PL. ------------------------------------------------------------------------------------------------- Hon'ble Mr. Amitendra Kishore Prasad, Judge Order on Board 29.04.2026 2 1. Learned counsel for the petitioner submits that the Tahsidar, Ramanujganj, has passed an order dated 26.12.2026 (Annexure P- 3) declaring the petitioner to be illegal occupant over the questioned property/land. Against which, appeal has been preferred by the petitioner before the concerned Sub-Divisional Officer (Revenue), Ramanujganj which came to be dismissed vide order dated 27.03.2026 (Annexure P-4), thereafter, the petitioner has filed the second appeal before the concerned Commissioner, Surguja Division, District- Surguja (Ambikapur) alongwith application under Section 52(2) of the Chhattisgarh Land Revenue Code, 1959 for grant of stay as he is in possession of the questioned land/property, he is residing and imparting the education to the religious community, however, without considering the aforesaid aspect only on the basis of dismissal of appeal filed before the concerned SDO, the concerned Tahsildar issued an eviction warrant on 16.04.2026, as such, learned counsel contended that since the second appeal of the petitioner is still pending for consideration before the concerned Commissioner alongwith alleged application for grant of stay, it is prayed that till decision on the said application, some interim protection may be granted to the petitioner. 2. Learned State Counsel opposes the submission of counsel for the petitioner and supports the impugned order. 3 3. Heard learned counsel for the parties and perused the writ petition including the impugned order. 4. Considering facts of the case, nature of relief, submissions of counsel for the parties, particularly the fact that against the orders of Tahsildar and SDO, (Revenu), petitioner has approached before the concerned Commissioner and the Commissioner has also called for the records of both the Courts below and stay application is pending for consideration on 07th May 2026, the instant petition stands disposed of directing the petitioner to approach before the concerned Commissioner on 07th May 2026 so that necessary order may be passed on his application under Section 52(2) of the Chhattisgarh Land Revenue Code, 1959. 5. The effect and operation of the impugned eviction warrant dated 16.04.2026 (Annexure P-1) is directed to be kept in abeyance till 07th May 2026. 6. It is also made clear that this Court has not expressed any opinion on merits of the case and the concerned Authority will be at liberty to pass an appropriate order on merits of the case in accordance with applicable rules/law. CC as per rules. Sd/- (Amitendra Kishore Prasad) Judge J.