(Cause-title taken from Case Information System)
For Petitioner : Mr. Vidya Bhushan Soni, Advocate
For State : Mr. Sabyasachi Choubey, Govt. Advocate
Hon'ble Shri Amitendra Kishore Prasad, Judge
Order on Board
10.04.2026
1. This matter has been listed in default.
2. However, considering the nature of the dispute involved, this
Court proceeds to hear the matter finally; accordingly, the defects
pointed out by the Registry are waived.
3. By filing the present petition, the petitioner assails the order dated
No. 494/1 admeasuring 409.975 sq. mtrs., out of the total area of
3.963/4 acre. It has further been alleged in the impugned order
409.975 sq. mtrs., and has additionally encroached upon 87.07
sq. mtrs. by raising illegal residential construction. The petitioner
10.3 That, this Hon'ble Court may kindly be
pleased to direct the respondent authorities to
not evict the petitioner in pursuant to the last
eviction order dated 19.03.2026 passed by the
Learned Tehsildar (Nazul), Ambikapur, District
Surguja (C.G.) from the piece of Government
Nazul Land bearing land no. 494/1, in the
interest of justice.
10.4 Any other relief, which may deem fit in the
interest of justice."
4. Brief facts of the case are that the petitioner is a resident of Near
Housing Board Colony, Namnakala, Ambikapur (Chhattisgarh),
and has been in possession of a Nazul land bearing Khasra
No.494/1, admeasuring about 315 sq. mtrs., for more than 30
years, upon which he had constructed a house and a small shop
for his livelihood. Respondent No. 5, who is the second wife of the
petitioner, submitted a complaint before the Tehsildar, Nazul,
Ambikapur, alleging illegal construction over Government Nazul
land and seeking restraint on further construction. Acting upon the
said complaint, the Tehsildar passed a stay order dated
14.11.2025 and issued notice to the petitioner. The petitioner
appeared and filed a reply stating long-standing possession,
payment of municipal taxes, and that only renovation of an old
structure was being carried out.
5. Subsequently, a spot inspection report was called for, wherein it
was reported that the land in question is Government Nazul land
bearing Plot No. 494/1, total area 3.96 acres, and that the
petitioner had encroached upon 409.975 sq. mtrs. by constructing
a sheet-roofed house/shop, along with additional construction
over 87.07 sq. mtrs. On the basis of the said report, the Tehsildar
passed an eviction order dated 28.01.2026, imposing a fine of
₹1,000/- and directing removal of possession within 15 days,
which fine has been deposited by the petitioner. Thereafter,
Respondent No. 5 filed W.P.(C) No. 1045/2026 before this Court
seeking enforcement of the eviction order, wherein this Court, vide
order dated 12.03.2026, directed compliance within 30 days.
Pursuant thereto, the Tehsildar passed the impugned final eviction
order dated 19.03.2026 directing the petitioner to vacate the land
admeasuring 409.975 sq. mtrs.
6. The petitioner has already preferred an appeal under Section 44
of the Chhattisgarh Land Revenue Code, 1959 (for short, 'Code')
along with an application for stay under Section 52 before the
Sub-Divisional Officer (Revenue), Ambikapur, which is pending
consideration. Hence, the present writ petition has been filed
seeking protection against dispossession and challenging the
impugned eviction order.
7. Learned counsel for the petitioner submits that the impugned
eviction order dated 19.03.2026 is wholly arbitrary, illegal and
unsustainable in the eyes of law. It is contended that the petitioner
has been in settled possession of the land in question for more
than 30 years, where he has constructed a small steel sheet-
roofed house and shop, and is residing therein along with his
children and aged parents. It is further submitted that the entire
proceedings have been initiated at the instance of respondent
No.5, who, due to personal vendetta and matrimonial discord, has
falsely alleged encroachment only with an intention to harass and
dispossess the petitioner. He further submits that the petitioner is
a poor tribal person belonging to Below Poverty Line category and
is a man of limited means, who has constructed a temporary
structure solely for the purpose of earning livelihood. It is urged
that the petitioner is a ration card holder and has no alternative
accommodation, and therefore, the impugned action of eviction
would render him and his family homeless and destitute.
8. It is contended that the respondent authorities have failed to
consider that the petitioner has been residing over the land for
decades and has been regularly paying municipal taxes including
property tax, water tax and other charges, which establishes his
long-standing possession and bonafide occupation. It is further
submitted that the petitioner had already moved an application
dated 22.07.2021 before the Collector, Ambikapur seeking grant
of patta/lease over the land in question, which is still pending
consideration, and therefore, till final adjudication of the said
application, the petitioner ought not to be dispossessed. It is
further submitted that the allegation made by respondent No. 5
regarding obstruction of her alleged access way is factually
incorrect, as she is no longer residing at the said place for the last
two years, and sufficient access ways exist on all sides of the
petitioner's house. It is argued that the complaint itself is malafide
and motivated, and has been filed only to pressurize the petitioner
due to strained personal relations.
9. It is further submitted that the impugned order has been passed in
undue haste, without proper consideration of the reply and
material placed on record by the petitioner, and in apparent
collusion with respondent No. 5. The authorities have failed to
take into account the socio-economic condition of the petitioner
and the fact that similarly situated persons are also occupying the
surrounding land, yet no action has been taken against them,
thereby singling out the petitioner for hostile discrimination. It is
submitted that the execution of the impugned eviction order would
cause grave and irreparable injury to the petitioner, as he would
be rendered shelterless, thereby violating his right to livelihood
and shelter. Lastly, it is submitted that the petitioner has been
given sufficient opportunity, and since 2025, notices have been
issued; however, the petitioner has neither responded nor
approached this Court within time. As such, no order can be
passed in this case.
10. Having considered the submissions of learned counsel for the
petitioner as well as the material available on record, and further
taking into account the facts and circumstances of the case, this
Court finds that the petitioner, being aggrieved by the order
passed by the Tehsildar, Nazul, has already preferred an appeal
before the competent Appellate Authority, i.e., the Sub-Divisional
Officer (Revenue), along with an application for grant of stay
under Section 52 of the Chhattisgarh Land Revenue Code, 1959.
The said appeal and stay application, filed on 27.03.2026, are
stated to be pending consideration.
11. In view of the aforesaid, this Court deems it appropriate to
relegate the petitioner to avail the remedy already invoked.
Accordingly, the petitioner is directed to approach the concerned
Sub-Divisional Officer (Revenue) for expeditious consideration of
the pending stay application. While disposing of the present
petition, the concerned Sub-Divisional Officer (Revenue) is
directed to consider and decide the said stay application, in
accordance with law, as expeditiously as possible. It is further
directed that till the decision of the stay application, no coercive
steps shall be taken against the petitioner in respect of the
property in question.
12. The learned State counsel is directed to communicate this order
to the concerned Tehsildar, Nazul, for necessary compliance.
13. With the aforesaid observations/directions, instant writ petition
stands disposed of.
Sd/-
(Amitendra Kishore Prasad)
Judge
Yogesh
