TIJAN BAI SATYAVANSHI vs STATE OF CHHATTISGARH

Court
Chhattisgarh High Court

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CGHC010444622026 2026:CGHC:46916
NAFR
VISHAKHA
BEOHAR
Digitally signed
by VISHAKHA
BEOHAR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 5664 of 2026
1 - Tijan Bai Satyavanshi W/o Lakheshwar Satyavanshi, Aged About 47
Years R/o Gurughasi Das Chowk, Ward No. 18, Kawardha, Distt.
Kabirdham (C.G.)
2 - Lakheshwar Singh Satyavanshi S/o Santan Das, Aged About 51
Years R/o- Gurughasi Das Chowk, Ward No. 18, Kawardha, Distt.
Kabirdham (C.G.)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Secretary, Department Of Revenue
And Disaster Management, Mantralay, Mahanadi Bhawan, Nava Raipur,
Atal Nagar, Distt. Raipur (C.G.)
2 - Collector (Nuzul), District - Kabirdham (C.G.)
3 - Tehsildar (Nuzul), Kawardha, District Kabirdham (C.G.)
4 - Maljamadar, Office Of Tehsildar, Kawardha, Distt. Kabirdham (C.G.)
5 - Rajput Chatriya Samaj Kawardha, Office Shorya Bhawan, Thakur
Para, Kawardha, Distt. Kabirdham (C.G.)
... Respondents
(Cause-title taken from the Case Information System)
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For Petitioner :- Mr. Soumitra Kesharwani, Advocate
For State :- Mr. Shobhit Mishra, Dy. G.A.
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SB- Hon'ble Shri Justice Amitendra Kishore Prasad
Order On Board
05.11.2026
1. The challenge in the instant writ petition is not against any
particular order but against the arbitrary and high-handed actions
of the respondent authorities, who has proceeded further to evict
the petitioners from the Land bearing Plot no. 25, Sheet no. 16 D
situated at Kawardha, Distt. Kabirdham (C.G.) in pursuance to the
order dated 22.10.2026 issued by the Res. no. 3 in Revenue Case
no. 20260908280000 A/68 Year 2025-26, which has been allotted
to the petitioner no. 1 on lease in the year 2019-20, despite the
fact that the petitioner has timely preferred an appeal under
section 44(1) of the C.G. Land Revenue Code, 1959 [in short
Code, 1959] and their application for grant of stay under section
52 of the Code, 1959 is pending consideration before the
appellate authority. Hence, this petition
2. Following reliefs have been prayed in this petition:-
“1. That, this Hon'ble Court may kindly be pleased to
call the entire records from the courts below for its
kind perusal.
2. That, this Hon'ble Court may kindly be pleased to
issue a Suitable Writ Directing the Respondent no. 3 &
4 to restrain from evicting the petitioners from the land

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in question, till the final decision of the appeal which is
pending before the Respondent no. 2.
3. That, this Hon'ble Court may kindly be pleased to
issue a Suitable Writ directing the Respondent no. 3 &
4 not to take any coercive action against The
petitioners till the decision on the application under
section 52(2) of the Code, 1959 which is pending
before Res. no. 2.
4. That, this Hon'ble Court may kindly be pleased to
issue a Suitable Writ protecting the petitioners from
eviction in pursuance of the order dated 22.10.2026
for a stipulated period of time, which the Hon'ble Court
deems fit, looking to the approaching festivals and the
fact that the petitioners are lease holder of the
disputed land.
5. Any other relief, which may be suitable in the facts
and circumstances of the case, may also be granted.”
3. Learned counsel for the petitioners submits that, being aggrieved
by the order dated 22.10.2026 passed by the competent authority,
the petitioners have already preferred an appeal under Section
44(1) of the Chhattisgarh Land Revenue Code, 1959, before the
Collector (Nazul), Kabirdham, which is pending consideration. It is
further submitted that an application under Section 52(2) of the
Code, 1959, seeking stay of the operation of the impugned order,
has also been filed and is yet to be decided. However, during the
pendency of the appeal and stay application, a removal notice
dated 22.10.2026 has been issued for removal of the alleged

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encroachment. Learned counsel submits that such coercive action
would render the pending appellate proceedings ineffective.
Accordingly, it is prayed that the effect and operation of the order
dated 22.10.2026 be stayed till the next date of hearing, or at least
till the appellate authority decides the pending application for
interim relief.
4. Learned State counsel does not oppose the prayer made by
learned counsel for the petitioners and submits that, as reflected
from the record, the petitioners have already preferred an appeal
before the Collector (Nazul), Kabirdham, which is pending
consideration.
5. I have heard learned counsel for the parties and perused the
material available on record.
6. Considering the fact that the petitioners have already preferred an
appeal against the order dated 22.10.2026 before the Collector
(Nazul), Kabirdham, and the said appeal, along with the
application filed under Section 52(2) of the Chhattisgarh Land
Revenue Code, 1959, is pending consideration, this Court is of the
view that the appellate authority should be afforded an opportunity
to consider the matter. In the meantime, any coercive action
pursuant to the removal notice dated 22.10.2026 may render the
pending application for interim relief infructuous.

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7. Accordingly, the respondent authorities are directed not to take
any coercive steps against the petitioners pursuant to the removal
notice dated 22.10.2026 for a period of 45 days from today. The
Collector (Nazul), Kabirdham, is directed to consider and decide
the pending appeal along with the application filed under Section
52(2) of the Code, 1959, as expeditiously as possible, preferably
within the aforesaid period of 45 days, in accordance with law.
8. It is made clear that the interim protection granted by this Court
shall remain operative only for the aforesaid period of 45 days and
shall cease to operate thereafter. In case the petitioners seek any
further protection, they shall be at liberty to approach the
competent authority in accordance with law.
9. With the aforesaid directions, the writ petition stands disposed of.
sd/-
(Amitendra Kishore Prasad)
Judge
Vishakha