SAMSUL HAQ ANSARI vs STATE OF CHHATTISGARH

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CGHC010412932026 2026:CGHC:44966
NAFR
VISHAKHA
BEOHAR
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally signed
by VISHAKHA
BEOHAR
WPC No. 5322 of 2026
1 - Samsul Haq Ansari S/o Mojib Ansari, Aged About 45 Years R/o Ward
No. 41, Atal Chowk, Nawagarh, P.S. And Tehsil - Ambikapur, District
Sarguja (C.G.)
2 - Aslam Ansari, S/o Mujidul, Aged About 46 Years R/o Ward No. 41,
Atal Chowk, Nawagarh, P.S. And Tehsil - Ambikapur, District Sarguja
(C.G.)
3 - Md. Farukh Ansari Alias Fakhruddin, S/o Amiruddin, Aged About 40
Years R/o Ward No. 41, Atal Chowk, Nawagarh, P.S. And Tehsil -
Ambikapur, District Sarguja (C.G.)
4 - Jalauddin Shah, S/o Saraj Shah Aged About 40 Years R/o Ward No.
41, Atal Chowk, Nawagarh, P.S. And Tehsil - Ambikapur, District Sarguja
(C.G.)
5 - Imtiyaz Ansari Alia Imtiyaz Julaha, S/o Mehbub Julaha Aged About
45 Years R/o Ward No. 41, Atal Chowk, Nawagarh, P.S. And Tehsil -
Ambikapur, District Sarguja (C.G.)
6 - Irfan Ansari, S/o Mojib Ansari, Aged About 33 Years R/o Ward No.
41, Atal Chowk, Nawagarh, P.S. And Tehsil - Ambikapur, District Sarguja
(C.G.)
7 - Gulam Rabbani, S/o Khaleel, Aged About 40 Years R/o Ward No. 41,
Atal Chowk, Nawagarh, P.S. And Tehsil - Ambikapur, District Sarguja
(C.G.)
8 - Taimun Nisha, W/o Late Abdul Sattar Ansari, Aged About 40 Years
R/o Ward No. 41, Atal Chowk, Nawagarh, P.S. And Tehsil - Ambikapur,
District Sarguja (C.G.)

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9 - Hasnain Alam S/o Israil Asmani Aged About 39 Years R/o Ward No.
41, Atal Chowk, Nawagarh, P.S. And Tehsil - Ambikapur, District Sarguja
(C.G.)
10 - Meghnath Lakra, S/o Dhansai Lakra, Aged About 43 Years R/o
Ward No. 41, Atal Chowk, Nawagarh, P.S. And Tehsil - Ambikapur,
District Sarguja (C.G.)
11 - Mohujuddin, S/o Sarafuddin, Aged About 50 Years R/o Ward No.
41, Atal Chowk, Nawagarh, P.S. And Tehsil - Ambikapur, District Sarguja
(C.G.)
12 - Moh. Hasnain Ansari, S/o Abdul Gajid, Aged About 64 Years R/o
Ward No. 41, Atal Chowk, Nawagarh, P.S. And Tehsil - Ambikapur,
District Sarguja (C.G.)
13 - Moh. Babar Ali, S/o Umar Ali, Aged About 51 Years R/o Ward No.
41, Atal Chowk, Nawagarh, P.S. And Tehsil - Ambikapur, District Sarguja
(C.G.)
14 - Smt. Jamila Khatoon, W/o Munna Ansari, Aged About 40 Years R/o
Ward No. 41, Atal Chowk, Nawagarh, P.S. And Tehsil - Ambikapur,
District Sarguja (C.G.)
15 - Iftikhar Alam S/o Late Jafar Alam Aged About 50 Years R/o Ward
No. 41, Atal Chowk, Nawagarh, P.S. And Tehsil - Ambikapur, District
Sarguja (C.G.)
16 - Tarikh Anwar, S/o Khaleel Ansari, Aged About 28 Years R/o Ward
No. 41, Atal Chowk, Nawagarh, P.S. And Tehsil - Ambikapur, District
Sarguja (C.G.)
17 - Naseem Hajaam S/o Kayum, Aged About 45 Years R/o Ward No.
41, Atal Chowk, Nawagarh, P.S. And Tehsil - Ambikapur, District Sarguja
(C.G.)
18 - Smt. Rabiya Bibi, W/o Hasnain Alam, Aged About 40 Years R/o
Ward No. 41, Atal Chowk, Nawagarh, P.S. And Tehsil - Ambikapur,
District Sarguja (C.G.)
19 - Khaleel Ansari, S/o Jainul Ansari, Aged About 42 Years R/o Ward
No. 41, Atal Chowk, Nawagarh, P.S. And Tehsil - Ambikapur, District

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Sarguja (C.G.)
20 - Mahtab Ansari, S/o Mojib Ansari, Aged About 46 Years R/o Ward
No. 41, Atal Chowk, Nawagarh, P.S. And Tehsil - Ambikapur, District
Sarguja (C.G.)
21 - Md. Jahiruddin Ansari, S/o Hussain Sheikh Aged About 53 Years
R/o Ward No. 41, Atal Chowk, Nawagarh, P.S. And Tehsil - Ambikapur,
District Sarguja (C.G.)
22 - Noorjahan Khatoon W/o Firoz Alam Aged About 30 Years R/o Ward
No. 41, Atal Chowk, Nawagarh, P.S. And Tehsil - Ambikapur, District
Sarguja (C.G.)
23 - Shameem Alam, S/o Akhtar Ansari, Aged About 38 Years R/o Ward
No. 41, Atal Chowk, Nawagarh, P.S. And Tehsil - Ambikapur, District
Sarguja (C.G.)
24 - Nazbuddin, S/o Moh. Haidar Khalifa, Aged About 62 Years R/o
Ward No. 41, Atal Chowk, Nawagarh, P.S. And Tehsil - Ambikapur,
District Sarguja (C.G.)
25 - Chand Rabbani, S/o Moh. Habib, Aged About 35 Years R/o Ward
No. 41, Atal Chowk, Nawagarh, P.S. And Tehsil - Ambikapur, District
Sarguja (C.G.)
26 - Shahid Ansari, S/o Subhani Ansari, Aged About 40 Years R/o Ward
No. 41, Atal Chowk, Nawagarh, P.S. And Tehsil - Ambikapur, District
Sarguja (C.G.)
27 - Saleem Ahemad, S/o Vasi Ahemad, Aged About 42 Years R/o Ward
No. 41, Atal Chowk, Nawagarh, P.S. And Tehsil - Ambikapur, District
Sarguja (C.G.)
28 - Parvez Alam, S/o Abdul Majib, Aged About 45 Years R/o Ward No.
41, Atal Chowk, Nawagarh, P.S. And Tehsil - Ambikapur, District Sarguja
(C.G.)
29 - Jabida Khatoon, W/o Moh. Sameem Ansari, Aged About 21 Years
R/o Ward No. 41, Atal Chowk, Nawagarh, P.S. And Tehsil - Ambikapur,
District Sarguja (C.G.)
... Petitioner(s)
versus

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1 - State Of Chhattisgarh Through Secretary, Revenue And Disaster
Management Department, Mantralaya, Mahanadi Bhawan, Capital
Complex, Atal Nagar, Nawa Raipur District Raipur (C.G.)
2 - The Secretary, Forest Department, Mahanadi Bhawan, Capital
Complex, Atal Nagar, Nawa Raipur District Raipur (C.G.)
3 - Commissioner, Surguja Division, Ambikapur, District Surguja (C.G.)
4 - Collector, Surguja, Ambikapur District Surguja (C.G.)
5 - Sub Divisional Officer, Surguja, Ambikapur District Surguja (C.G.)
6 - Tehsildar, Surguja, Ambikapur District Surguja (C.G.)
7 - Nazul Officer, Tehsil - Ambikapur District Surguja (C.G.)
8 - Divisional Forest Officer, Forest Division, Surguja, District Surguja
(C.G.)
9 - Forest Range Officer, Forest Range, Ambikapur District Surguja
(C.G.)
10 - Commissioner, Municipal Corporation, Ambikapur District Surguja
(C.G.)
11 - Station House Officer, Police Station Ambikapur District Surguja
(C.G.) ... Respondent(s)
For Petitioner(s) : Mr. Sunil Tripathi, Advocate.
For State : Mr. Sangharsh Pandey, G.A.
For Respondent No. 10 : Mr. Arpit Singh, Advocate on behalf of
Mr. Bhupendra Singh, Advocate

Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board
26/10/2026
1. The defect pointed out by the Registry is overruled. Accordingly,
the matter is heard finally.

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2. By way of this petition, the petitioner has prayed for following
reliefs:-
“10.1. Issue an appropriate writ, order or direction,
including a writ in the nature of Certiorari, for
quashing and setting aside the order dated
16.07.2026 (Annexure P-1) passed by the Nazul
Officer, Ambikapur,
10.2. Issue an appropriate writ, order or direction
commanding the Respondent authorities not to
take any coercive action against the Petitioners,
including eviction, dispossession, demolition or
removal of the Petitioners from their respective
residential houses situated over the subject land,
in pursuance of the order dated 29.07.2025
passed by the Collector, Surguja, during
pendency of the revenue proceeding (Revenue
case no. 202509960100068/B-121/2024-25),
arising out of the said order before the learned
Commissioner, Surguja Division;
10.3 Issue an appropriate direction that until the
final adjudication of the aforesaid revenue
proceeding Revenue case no.
202509960100068/B-121/2024-25, is pending
before the learned Commissioner, the
Respondent authorities shall maintain status quo
with regard to the possession of the Petitioners
over their respective residential houses and
restrain the Respondent authorities from taking
any coercive steps pursuant to the order dated
29.07.2025 passed by the Collector, Surguja;

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10.4. Grant any other relief, order or direction
which this Hon'ble Court may deem fit and proper
in the facts and circumstances of the present
case.”
3. Learned counsel for the petitioners submits that, being aggrieved
by the rejection of their application for grant of lease/patta by the
competent Nazul Officer, Ambikapur, the petitioners have
preferred an appropriate revision petition before the
Commissioner, Surguja Division. It is further submitted that, vide
order dated 16.09.2025, the competent Commissioner rejected
the petitioners’ application for grant of stay under Section 52 read
with Section 32 of the Chhattisgarh Land Revenue Code, 1959.
However, the revision petition itself has not been decided till date,
and in the meantime, the petitioners apprehend coercive action,
including eviction and demolition of their residential houses,
pursuant to the order passed by the Collector, Surguja.
4. Learned State counsel, opposing the petition, submits that the
impugned order has been passed by the competent authority in
accordance with law and that the petitioners have already availed
the statutory remedy of revision before the Commissioner, Surguja
Division. It is further submitted that the petitioners cannot claim
any protection against consequential action merely because the
revision petition is pending, particularly when their application for
grant of lease/patta has been rejected by the competent authority.

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5. Learned counsel appearing on behalf of respondent No. 10,
Municipal Corporation, Ambikapur, adopts the submissions made
by learned State counsel and submits that the Municipal
Corporation is acting in accordance with law and that no
interference by this Court is warranted in the present petition.
6. I have heard learned counsel for the parties and perused the
material available on record.
7. Considering the facts and circumstances of the case and the
limited prayed made by the petitioner..0, the Commissioner,
Surguja Division, is directed to decide the pending revision
petition preferred by the petitioners within a period of 30 days from
the date of receipt of a copy of this order.
8. Until the revision petition is decided, the respondent authorities
are directed not to take any coercive steps against the petitioners.
9. With the aforesaid directions, the petition stands disposed of.
sd/-
(Amitendra Kishore Prasad)
Judge
Vishakha