Bhagat Singh vs State Of Chhattisgarh on 30 March, 2026

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    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.

    SPONSORED

    {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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