Chittpal Singh Walia vs State Of Chhattisgarh
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Chattisgarh High Court

Chittpal Singh Walia vs State Of Chhattisgarh on 27 May, 2025

                                                    -1-




                                                                           2025:CGHC:22414


                                                                                     NAFR

                        HIGH COURT OF CHHATTISGARH AT BILASPUR



                                        WPC No. 2697 of 2025

             Chittpal Singh Walia S/o Late Shri S.B. Singh Walia Aged About 69 Years
             R/o Walia Mansion, Opposite F.C.I. Warehouse, Lingyadih, Tehsil And
             District - Bilaspur (C.G.)
                                                                     ... Petitioner(s)

                                                  versus

             1 - State Of Chhattisgarh Through The Secretary, Department Of
             Revenue, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur,
             District - Raipur (C.G.)

             2 - The Collector District - Bilaspur (C.G.)

             3 - The Sub-Divisional Officer (Revenue) Bilaspur, District - Bilaspur
             (C.G.)

             4 - The Tehsildar Bilaspur, District - Bilaspur (C.G.)
                                                                      ... Respondent(s)

__________________________________________________________ For Petitioner (s) : Mr. Shivang Dubey, Advocate For State : Ms. Shailja Shukla, Dy. Govt. Advocate _______________________________________________________

S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Digitally signed by PRAVEEN Judgment On Board KUMAR SINHA Date:

27/05/2025 2025.05.27 16:41:32 +0530

1. The petitioner has filed this writ petition seeking following reliefs:

i. That, this Hon'ble Court may kindly be pleased to call the entire records pertaining to the case of the present petitioner.

ii. That, this Hon'ble Court may kindly be pleased to issue an writ/writ(s), appropriate direction/direction(s) in favour of the petitioner and set-aside the order dated 20.05.2025 (Annexure P/1) passed by the Respondent No. 4 till final disposal of the petition.

iii. That, this Hon'ble Court may kindly be pleased to appropriate writ/writ(s), direction/direction(s) in favour of the petitioner and not execute the order dated 20.05.2025 (Annexure P/1) passed by the Respondent No. 3 till final disposal of the petition. iv. 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 petitioner is in

possession of land bearing kh. No.82/1 d] [k] x] ?k admeasuiring 0.04

acres by way of constructing a building complex on it. Pursuant to

report submitted by Patwari proceedings under Section 248 of the

Land Revenue Code, 1959 was initiated and by order dated 20 th May

2025 (Annexure P-1) order of eviction has been passed. Seven days

time has been granted to the petitioner to remove encroachment over

the said land. He also contended that on the date of passing of order,

a memo was issued to Maal Jamadar to evict petitioner from subject

land and submit his report which is in contravention of the order

passed by the Tahsildar, as it is prior to completion of seven days.

Petitioner aggrieved by the order passed under Section 248 of the

Land Revenue Code has preferred First Appeal before the Sub

Divisional Officer (R) under Section 44 (1) of the Land Revenue Code,

however, first hearing is fixed on 09.06.2025 without considering the

nature of order subject matter of appeal i.e. eviction and the urgency

as shown therein. Petitioner is still in possession of the land subject

matter of order Annexure P-1 and therefore till application for grant of

interim relief filed along with appeal is considered and decided by the

appellate authority petitioner may be granted some interim protection.

3. Learned counsel for the State submits that after affording an

opportunity of hearing, order under Section 248 of the Land Revenue

Code has been passed vide Annexure P-1. Petitioner has already

submitted an appeal against the said order and therefore interim relief,

if any, can be prayed for by the petitioner in the said proceedings.

4. I have heard learned counsel for the parties.

5. Considering the fact that against the order of eviction Annexure P-1

petitioner has already preferred an appeal, however, the date fixed by

the appellate authority for hearing of appeal as well as application for

grant of interim relief is on 09.06.2025 which is beyond the period of 7

days, petitioner is still in possession of the said land by way of

permanent construction and if interim protection is not granted pending

hearing of interim application filed along with First Appeal before the

Sub Divisional Officer (R), petitioner will suffer adversely. In above

facts of case, in larger interest of justice, this petition is disposed off

directing the respondents authority not to evict the petitioner pursuant

to order Annexure P-1 dated 20.05.2025 which is subject matter of

appeal before respondent- Sub Divisional Officer till hearing on the

application for grant of interim relief filed along with First Appeal

(Annexure P-2).

6. With the aforesaid observation and direction, writ petition stands

disposed off.

7. IA No.2, application for urgent hearing and IA No.3 application for

hearing during summer vacation stand disposed off.

8. Certified copy today.

          Sd/--/-                                                    Sd/--
                                                             (Parth Prateem Sahu)
                                                                    Judge


Praveen