1 2026:CGHC:19847 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2088 of 2026 Julfekar Qadri S/o Late Suleman Qadri Aged About 61 Years R/o Village Amandon, Tahil And P.O. Pratappur, Police Station- Pratappur, District Surguja (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary Of The Revenue Department Capital Complex Mahanadi Bhawan, Atal Nagar Raipur, District Raipur (C.G.) 2 - The Collector Ambikapur District Surguja (C.G.) 3 - Sub-Divisional Officer (Revenue)- Pratappur District Surguja (C.G.) 4 - The Tahsildar Pratappur District- Surguja (C.G.) 5 - President Forest Right Committee Village- Amandon, Gram Panchayat- Amandon, Tahsil- Pratappur, District- Surguja (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Akath Kumar Yadav, Advocate For State : Mr. Amit Nayak, Panel Lawyer Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 29.04.2026 1 By filing the present petition, the petitioner has challenged the eviction notices/orders dated 23.01.2026 and 17.04.2026 issued by respondent No. 4, directing removal of his possession from the YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.04.30 18:55:20 +0530 2 subject land, on the ground that the same are arbitrary, passed without affording opportunity of hearing, and in violation of the provisions of the Forest Rights Act, 2006, particularly when the petitioner’s application for recognition of forest rights is still pending consideration. The petitioner has prayed for following reliefs :- “10.1 The Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the present Petitioner from the Respondent authorities concerned for kind perusal. 10.2 The Hon'ble High Court may kindly be pleased to issue writ / writs, order / orders, direction / directions, thereby setting-aside impugned order Dt. 17.04.2026 and 23-01- 2026 (ANN P-1 & P-2), issued by the Respondent No.04, in the interest of justice. 10.3 That this Hon'ble court may further be pleased to direct the respondent authority to grant the lease to the petitioner or pass any other order in favour of petitioner as it may deem fit and proper under the facts and circumstances of the case with cost. 10.4 Pass any other order under the facts and circumstances of the case, in the interest of justice.” 2 Learned counsel for the petitioner submits that a show cause notice dated 23.01.2026 was issued to the petitioner alleging illegal possession; however, before any effective adjudication, the 3 respondent No. 4 proceeded to pass the subsequent order dated 17.04.2026 directing the petitioner to remove the alleged encroachment by 21.04.2026. It is further submitted that the petitioner is in settled possession of the land and has sown paddy over the same. In the circumstances, learned counsel seeks permission to withdraw the present petition with liberty to avail the statutory remedy of appeal before the SDO (Revenue), Pratappur, District Surguja (C.G.) and prays that, till such time, no coercive steps be taken against the petitioner. 3 Learned State counsel submits that if the petitioner approaches the competent authority by filing an appeal, the same shall be considered and decided in accordance with law within a reasonable time. 4 Having considered the submissions made by learned counsel for the parties and in view of the nature of the controversy, the petitioner is permitted to withdraw the present petition with liberty to approach the competent authority, i.e., SDO (Revenue), Pratappur, by filing an appeal within a period of 10 days from today. In the event such an appeal is filed within the aforesaid period, the competent authority shall consider and decide the same on its own merits, in accordance with law, within a further period of 15 days. 5 It is directed that till the expiry of the aforesaid period, and subject to the petitioner filing the appeal within time, no coercive steps 4 shall be taken against the petitioner pursuant to the impugned orders. It is, however, made clear that this protection is purely interim in nature and shall not enure to the benefit of the petitioner beyond the period specified herein. The appellate authority shall decide the matter independently, without being influenced by any observation made in this order. 6 There shall be no order as to costs. Sd/- Sd/- (Amitendra Kishore Prasad) Judge Yogesh