Chattisgarh High Court
Bhagat Singh vs State Of Chhattisgarh on 30 March, 2026
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2026:CGHC:14778
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 1398 of 2026
Bhagat Singh S/o Late Dhan Singh, Aged About 50 Years R/o Vill- Chainpur,
Ward No. 1, P.S. And P.O. Manendragarh, District- Manendragarh - Chirmiri-
Bharatpur (C.G.)
... Petitioner
versus
1 - State Of Chhattisgarh Through Secretary, Department Of Revenue Ministry
At Mahanadi Bhawan, New Raipur District- Raipur (C.G.)
2 - Collector, District- Manendragarh - Chirmiri- Bharatpur (C.G.)
3 - Sub Divisional Officer (Revenue) Manendragarh District- Manendragarh -
Chirmiri- Bharatpur (C.G.)
4 - Tahsildar, Manendragarh District- Manendragarh - Chirmiri- Bharatpur (C.G.)
5 - SHO, City Kotwali Manendragarh District- Manendragarh - Chirmiri-
Bharatpur (C.G.)
... Respondents
(Cause title, as taken from CIS}
For Petitioner : Mr. Jai Prakash Shukla, Advocate.
For Respondents : Mr. Shreyansh Mehta, P.L.
{Hon’ble Mr. Justice Naresh Kumar Chandravanshi}
Order on Board
30/03/2026
1. Instant writ Petition under Article 226 of the Constitution of India has been
preferred by the petitioner seeking following reliefs :-
“10.1 That that Hon’ble Court may kindly be pleased to
direct the respondent authorities to call the entire
records pertaining to this case.
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10.2 That, the Hon’ble Court may kindly be pleased to
issue writ in the nature of certiorari prohibition/
mandamus, declaring the impugned notice 13-032026
(Annexure P-1) and order dated 16-07-2025 passed by
Tahsildar Manendragarh and order dated 23-02-2026
passed by SDO (R) Manendragarh as unconstitutional,
illegal and arbitrary and further to quash it, and further
to prohibit the authorities from demolishing residential
house constructed over questioned land and vacate
petitioner’s valid possession over questioned land and
further to pass any other order which deems fit
including cost of the petition in the interest of justice.
2. Learned counsel appearing for the petitioner submits that respondent
No. 4- Tahsildar, Manendragarh, Distt. Manendragarh-Chirmiri-Bharatpur (C.G.)
passed eviction order (Annexure P-5) dated 16.07.2025 against the petitioner
under Section 248 of the C.G. Land Revenue Code, 1959 (for brevity, ‘Code’) in
Revenue Case No. 2025063330500087/A-68/2024-25. Against which, the
petitioner has preferred first appeal before Sub Divisional Officer (Revenue),
Manendragarh, Distt. Manendragarh-Chirmiri-Bharatpur (C.G.), which was
rejected by the said SDO (R) vide order dated 23.02.2026 passed in Revenue
Case No.202506330500087/3304/APL/A affirming the order dated 16.07.2025
passed by Tahsildar, Manendragarh, Distt. Manendragarh-Chirmiri-Bharatpur
(C.G.). On the basis of aforesaid order, Tahsildar, Manendragarh, District
Manendragarh-Chirmiri-Bharatpur (C.G.) has issued eviction notice (Annexure
P-1) dated 13.03.2026 against the petitioner. He further submitted that the
petitioner intends to prefer a second appeal before the Commissioner, Surguja
Division, Ambikapur under the provisions of the C.G. Land Revenue Code–
against the order passed by the SDO (R), Manendragarh, District
Manendragarh-Chirmiri-Bharatpur (C.G.) on 23.02.2026; Therefore, he prays
that this petition be disposed of with the liberty to the petitioner to file a second
appeal against the order passed by the Tehsildar, Manendragarh, on
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23.02.2026. Till then, interim protection may be granted to the petitoner in
respect of Eviction Notice dated 13.03.2026 (Annexure P-1).
3. Per contra, learned counsel for the State submits that instead of filing
second appeal before Commissioner, Sarguja Division, Ambikapur, the petitioner
has preferred instant writ petition before this Court whereas limitation is available
in favour of the petitioner to challenge the order dated 23.02.2026 passed by
Sub Divisional Officer (Revenue), Manendragarh, District Manendragarh-
Chirmiri-Bharatpur, hence, this petition is liable to be rejected.
4. I have heard learned counsel for the parties and perused the material
available on record.
5. An order dated 23.02.2026 passed by Sub Divisional Officer, (Revenue)
Manendragarh, District Manendragarh-Chirmiri-Bharatpur is appealable before
Commissioner, Sarguja Division, Ambikapur under the relevant provisions of the
Code, 1956; the petitioner wants to file appeal against such order and the
limitation is also with the petitioner for filing second appeal. Therefore, this
petition is disposed of granting liberty in favour of the petitioner to file second
appeal under the provisions of Code, 1959 against the order dated 23.02.2026
passed by SDO (R), Manendragarh within a period of 15 days from today. Till
then, no coercive steps shall be taken against the petitioner in respect of order
dated 23.02.2026 passed by Sub Divisional Officer (Revenue), Manendragarh,
District Manendragarh-Chirmiri-Bharatpur, if the same has not been complied with.
6. It is made clear that if the appeal is not filed by the petitioner within the
stipulated period, then interim protection granted to him by this Court shall lose its
efficacy.
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7. With the aforesaid observations & directions, the writ petition is disposed of.
8. Pending interlocutory application (s), if any, stands disposed of.
Sd/-
(Naresh Kumar Chandravanshi)
Digitally
signed by
Judge
AMIT AMIT KUMAR
DUBEY
KUMAR Date:
DUBEY 2026.03.31
15:13:36
+0530
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