GAINDLAL SINHA vs STATE OF CHHATTISGARH

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CGHC010308072026 2026:CGHC:38966
NAFR
Digitally
signed by
RAGHVENDRA
JAT
RAGHVENDRA
JAT
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 4500 of 2026
1 - Gaindlal Sinha S/o Late Thakur Ram Sinha, Aged About 60 Years
R/o Village Tarighat Tehsil Patan District Durg (C.G.).
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Secretary Revenue Department
Mahanadi Bhawan Atal Nagar Naya Raipur, Tehsil And District - Raipur
(C.G.)
2 - The Collector Durg, Tehsil And District Durg (C.G.)
3 - The Tehsildar Patan District Durg (C.G.)
4 - The Sub Divisional Officer (Revenue) Patan District Durg (C.G.)
5 - Gram Panchayat Tarighat Through Secretary Tehsil Patan District -
Durg .
... Respondent(s)
For Petitioner(s) : Mr. Avinash Chand Sahu, Advocate.
For Respondent(s)/State : Mr. Shobhit Mishra, Dy. G.A. and Mr.
Abhyudhay Tripathi, Panel Lawyer.
Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board
03/09/2026
1. Today, the matter is listed for orders on default.
2. Learned counsel for the petitioner submits that the default as
pointed out by the Registry has already been removed.

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3. By way of this petition, the petitioner has prayed for following
reliefs:-
“10.1 Issue an appropriate writ, order or direction quashing
and setting aside the eviction warrant/order dated
14.07.2026 passed by the learned Tehsildar, Patan, District
Durg, being illegal, arbitrary and contrary to law.
10.2 Issue an appropriate writ, order or direction
commanding the respondents not to dispossess the
petitioner from the land bearing Survey No.482/1,
admeasuring 1.55 acres, situated at Village Tarighat, Tahsil
Patan, District Durg, except in accordance with due
process of law.
10.3 Issue an appropriate writ, order or direction directing
the respondent authorities to give due effect to and strictly
comply with the orders passed by the learned Sub-
Divisional Officer (Revenue), the learned Collector, Durg,
18.3.2025 and the order dated 11.08.2025) passed by this
Hon'ble Court in WPC No.1447 of 2025, by undertaking a
fresh adjudication strictly in accordance with law, if so
advised.
10.4 Pending final disposal of the present writ petition,
kindly stay the operation, implementation and execution of
the impugned eviction warrant/order dated 14.07.2026 and
restrain the respondents from interfering with the peaceful
possession of the petitioner over the subject land.

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10.5 Award the costs of the present writ petition in favour of
the petitioner.
10.6 Grant any other writ, order or direction which this
Hon'ble Court may deem fit and proper in the facts and
circumstances of the case.”
4. Learned counsel appearing for the petitioner submits that the
impugned eviction warrant/order dated 14.07.2026 has been
issued against the petitioner in respect of land bearing Khasra No.
482/1, admeasuring 0.62 hectares, which has been treated as
land falling within the purview of the Ceiling Act. He further
submits that, in respect of the very same property, a civil suit is
already pending before the competent Civil Court and, therefore,
the impugned eviction warrant/order has been issued without duly
considering the pendency of the aforesaid civil proceedings and
is, accordingly, not sustainable in law. Learned counsel further
submits that the petitioner has not yet submitted any reply or
objection to the impugned eviction warrant/order.
5. On the other hand, learned counsel appearing for the
respondent/State opposes the prayer made on behalf of the
petitioner and submits that the impugned eviction warrant/order
dated 14.07.2026 has been issued strictly in accordance with law
and on the basis of the material available before the competent
authority. It is, therefore, contended that the impugned order does
not warrant any interference by this Court at this stage.
6. I have heard learned counsel for the parties and have carefully

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perused the material available on record.
7. Having considered the submissions advanced by learned counsel
for the parties and having regard to the facts and circumstances of
the case, this Court is of the considered view that an opportunity
deserves to be afforded to the petitioner to place all relevant facts
and grounds before the competent authority. Accordingly, the
petitioner is directed to submit a detailed reply/objection to the
impugned eviction warrant/order dated 14.07.2026, specifically
incorporating therein all the grounds and factual aspects raised in
the present petition, including the factum of pendency of the civil
suit in respect of the very same property. Upon receipt of such
reply/objection, the concerned Tahsildar/competent authority shall
consider the same objectively and in accordance with law,
particularly keeping in view the pendency of the aforesaid civil
proceedings, and shall thereafter pass a reasoned and
appropriate order on the petitioner's representation.
8. The petitioner shall submit his reply/objection to the impugned
eviction warrant/order dated 14.07.2026 within a period of 10 days
from the date of receipt of a certified copy of this order. Upon
receipt of the said reply/objection, the concerned respondent
authorities/competent authority shall consider and decide the
same, by passing a reasoned and speaking order, strictly in
accordance with law, as expeditiously as possible, preferably
within a period of 45 days.
9. Till 45 days no coercive steps shall be taken against the petitioner

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pursuant to the impugned eviction warrant/order dated
14.07.2026.
10. With this observation and direction, the writ petition is disposed
of.
Sd/-
(Amitendra Kishore Prasad)
Judge
Raghu Jat