After Their Structures Were Demolished, Chhattisgarh HC Declines Two Villagers’ Writ, Bars Warrant Action For 20 Days As Appeal Proceeds

The petitioners challenged a dispossession warrant dated 04.06.2026 directing removal of an alleged encroachment measuring 40 × 30 square feet on Government land comprised in Khasra No. 369/1.

They claimed long-standing possession and alleged that the warrant was issued without notice or demarcation.

They further stated that their constructions had been demolished on 16.06.2026, and that they had appealed the warrant before the Sub-Divisional Officer (Revenue) on 30.06.2026.

The State submitted that the statutory appeal was pending.

Section 44(1) of the Chhattisgarh Land Revenue Code, 1959, provides the statutory appellate remedy invoked by the petitioners against the impugned order; Section 52 was identified as the provision under which the petitioners could apply to the competent appellate authority.

The Court’s approach was to decline writ relief at that stage in view of the pending statutory appeal, while leaving the petitioners free to pursue that remedy.

Because the petitioners had already filed an appeal under Section 44(1), and that appeal was pending before the competent authority, the Court declined to entertain the writ petition at that stage.

It left the merits for independent consideration by the appellate authority, permitted an application under Section 52, and granted temporary protection against coercive action in the meantime.

It permitted them to file an application under Section 52 within 10 days; if filed in time, the appellate authority was directed to decide it within a further 10 days.

The authorities were restrained from taking coercive action under the impugned warrant for 20 days from the order, and the Court clarified that it had expressed no opinion on the merits.