Prasheel Joseph vs State Of Chhattisgarh
2025 Latest Caselaw 2658 Chatt

Chattisgarh High Court

Prasheel Joseph vs State Of Chhattisgarh on 25 March, 2025

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         by YOGESH
         TIWARI
YOGESH   Date:
TIWARI   2025.03.27
         18:48:01
         +0530
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                            HIGH COURT OF CHHATTISGARH AT BILASPUR

                                          WPC No. 929 of 2025

                            PRASHEEL JOSEPH versus STATE OF CHHATTISGARH

                                                Order Sheet




                  25/03/2025           Mr. Surfaraj Khan, Advocate for the petitioner.

                                       Ms.      Anuja      Sharma,    P.L.    for    the

                               State/respondents No.1 to 3.

Mr. Neeraj Choubey, Advocate for respondent

No.4.

Vide order dated 18.02.2025, following interim

order was passed :-

"Learned counsel for the petitioner submits that the SDO has passed an order of complaint of the respondent no. 4 dated 11.11.2024 granting temporary injunction in favour of the respondent no. 4 by restraining the petitioner to raise

construction over the land owned by the petitioner. The order passed by the SDO is without jurisdiction and without authority of law. Learned counsel for the petitioner by referring several judgments of this Court submits that the revenue authority are not authorized to pass interim injunction on the complaint of a private party.

Looking to the order impugned by which the respondent SDO has passed an order restraining the petitioner to raise construction, which appears to be an order of temporary injunction, purely as an interim measure the impugned order dated 11.11.2024 (Annexure P/1) shall remain stayed until further orders.

List this case immediately after two weeks'."

After hearing learned counsel for the parties, the

parties are directed that the proceedings, which are

pending before the Sub Divisional Officer as well as the

construction alleged to be raised by the petitioner, both

are stayed and the parties are directed to maintain

status quo as it exists today in respect of the

proceedings as well as possession.

List this matter week after next.

In the meantime, learned State counsel is

directed to file reply in the matter.

Sd/-

(Amitendra Kishore Prasad) Judge

Yogesh