Chattisgarh High Court
Keshav Sahu vs State Of Chhattisgarh on 16 April, 2025
1
SMT
NIRMALA
RAO
2025:CGHC:17430
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 332 of 2019
1 - Anil Sahu S/o Shri Amar Singh Sahu Aged About 45 Years R/o Village
Dongargarh Tehsil Nagari, District Dhamtari Chhattisgarh., District :
Dhamtari, Chhattisgarh
... Petitioner
versus
1 - State Of Chhattisgarh Through The Secretary ,department Of
Panchayat And Disaster Management Mahanadi, Bhawan Atal Nagar
District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2 - Commissioner Raipur Division District Raipur Chhattisgarh., District :
Raipur, Chhattisgarh
3 - Collector Dhamatari District Raipur Chhattisgarh., District : Raipur,
Chhattisgarh
4 - Sub Divisional Officer (Revenue ) Nagari ,tehsil Nagari, District
Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh
5 - Naib Tehsildar Nagari District Dhamtari Chhattisgarh., District :
Dhamtari, Chhattisgarh
6 - Aswan Kumar S/o Bishabhar Gond R/o Village Dongargarh District
Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh
7 - Nandkumar S/o Bishabhar Gond R/o Village Dongardula ,district
Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh
-2-
8 - Birajhuram S/o Bishabhar Gond R/o Village Dongardula ,district
Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh
---- Respondents
AND
WPC No. 336 of 2019
1 - Keshav Sahu S/o Shri Nakul Ram Sahu Aged About 42 Years R/o
Village Dongardula, Tehsil Nagri, District Dhamtari, Chhattisgarh.,
District : Dhamtari, Chhattisgarh
... Petitioner
versus
1 - State Of Chhattisgarh Through The Secretary, Department Of
Panchayat And Disaster Management Mahanadi Bhawan, Atal Nagar,
District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
2 - Commissioner Raipur Division District Raipur, Chhattisgarh.,
District : Raipur, Chhattisgarh
3 - Collector Dhamtari, District Raipur, Chhattisgarh., District : Raipur,
Chhattisgarh
4 - Sub Divisional Officer (Revenue) Nagri, Tehsil Nagri District
Dhamtari, Chhattisgarh., District : Dhamtari, Chhattisgarh
5 - Naib Tehsildar Nagri, District Dhamtari, Chhattisgarh.,
District :Dhamtari, Chhattisgarh
6 - Aswan Kumar S/o Bishabhar Gond R/o Village Dongardula, District
Dhamtari, Chhattisgarh., District : Dhamtari, Chhattisgarh
7 - Nandkumar S/o Bishabhar Gond R/o Village Dongardula, District
Dhamtari, Chhattisgarh., District : Dhamtari, Chhattisgarh
8 - Birajhuram S/o Bishabhar Gond R/o Village Dongardula, District
Dhamtari, Chhattisgarh., District : Dhamtari, Chhattisgarh
---- Respondents
3
AND
WPC No. 379 of 2019
1 - Narayan Singh Sahu S/o Shri Domar Singh Sahu Aged About 47
Years R/o Village Dongardula, Tehsil Nagri, District Dhamtari
Chhattisgarh., District : Dhamtari, Chhattisgarh
... Petitioner
versus
1 - State Of Chhattisgarh Through Secretary, Government Of
Chhattisgarh, Department Of Revenue And Disaster Management,
Mantralaya, Mahanadi Bhawan, Atal Nagar, District Raipur
Chhattisgarh., District : Raipur, Chhattisgarh
2 - Commissioner Raipur, Division, District Raipur Chhattisgarh., District
: Raipur, Chhattisgarh
3 - Collector Dhamtari, District Dhamtari Chhattisgarh., District :
Dhamtari, Chhattisgarh
4 - Sub Divisional Officer (Revenue) Nagri, Tehsil Nagri, District
Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh
5 - Naib Tehsildar Tehsil - Nagri, District Dhamtari Chhattisgarh., District
: Dhamtari, Chhattisgarh
6 - Aswan Kumar S/o Bishabhar Gond Village - Dongardula, District
Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh
7 - Nandkumar S/o Bishabhar Gond Village - Dongardula, District
Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh
8 - Birajhuram S/o Bishabhar Gond Village Dongardula, District
Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh
---- Respondents
----------------------------------------------------------------------------------------
For Petitioners : Ms. Natasha Khan, Advocate
holding the brief of Shri Yashwant
Thakur, Advocate.
For Respondents No.1 to 5/ State: Shri R.S. Marhas, Addl. A.G.
For Respondents No.6 & 7 : Shri Sumit Shrivastava, Advocate.
------------------------------------------------------------------------------------------
Hon'ble Shri Justice Rakesh Mohan Pandey
Order on Board
16.04.2025
1. The petitioners have challenged the show-cause notice issued by the
Naib Tehsildar, Nagri dated 23.1.2019, whereby the petitioners have
been directed to hand over the possession of the subject property.
2. Learned counsel for the petitioners would argue that the petitioners
raised the construction of houses and shops over the subject
property and the Naib Tehsildar, Nagri issued the eviction notice
without conducting any inquiry and without affording any
opportunity of hearing. She would further submit that the revenue
documents would show that the petitioners are owners of the
property. She would contend that the notice issued by the
respondent/Naib Tehsildar, Nagri may be quashed.
3. On the other hand, learned counsel for the State would submit that
the application under Section 170B of the Chhattisgarh Land
Revenue Code was moved by respondents No.1 to 5 before the Sub-
Divisional Officer (Revenue), which was allowed vide order dated
27.5.2015. He would further submit that the petitioners had filed a
civil suit before the Competent Civil Court, which was dismissed
vide judgment and decree dated 31.1.2019. He would also submit
that the eviction notice was issued by the Naib Tehsildar, Nagri
pursuant to the order passed by the Sub-Divisional Officer
(Revenue) dated 27.5.2015. He would also submit that these
petitions deserve to be dismissed.
4. Learned counsel for respondents No.6 & 7 would support the
contention made by counsel for the State/respondents No.1 to 5.
5. Heard counsel appearing for the parties and perused the documents
present on the record.
6. A perusal of the documents would show that respondents No.1 to 5
belong to the aboriginal tribe and they had moved an application
under Section 170B of the CGLRC before the Competent Authority,
which was allowed vide order dated 27.5.2015. The petitioners
challenged the proceedings and the order dated 27.5.2015 by filing
a civil suit before the Additional District Judge, Dhamtari in Civil
Suit No.10-A of 2015. The civil suit was dismissed vide judgment
and decree dated 31.1.2019.
7. Pursuant to the order passed in the proceedings under Section 170B
of the CGLRC, Naib Tehsildar, Nagri issued an eviction notice to
the petitioners on 23.1.2019. The petitioners have challenged the
said notice by filing these petitions.
8. Taking into consideration the fact that the order passed by the Sub-
Divisional Officer (Revenue) dated 27.5.2015 has attained finality
and further, the civil suit filed by the petitioners was dismissed vide
judgment and decree dated 31.1.2019, no case is made out for
interference by this Court.
9. Consequently, these petitions fail and are hereby dismissed. No
cost(s).
Sd/-
(Rakesh Mohan Pandey)
Judge
Nimmi
