Chhattisgarh HC Gives Kawardha Couple 45 Days’ Protection From Eviction While Collector Decides Their Appeal Against Removal Notice

The petitioners challenged the authorities’ proposed eviction from Plot No. 25, Sheet No. 16 D, Kawardha, pursuant to a removal notice dated 22 October 2026.

Petitioner No. 1 claimed the land had been leased to her in 2019–20.

The petitioners had appealed the order dated 22 October 2026 under Section 44(1) of the Chhattisgarh Land Revenue Code, 1959, before the Collector (Nazul), Kabirdham, and had filed an application under Section 52(2) seeking interim relief; both remained pending.

They sought protection from coercive action while those proceedings were considered.

The State did not oppose the request and confirmed that the appeal was pending.

The petitioners invoked Section 44(1) of the Chhattisgarh Land Revenue Code, 1959, to appeal the order, and Section 52(2) to seek interim relief.

The Court applied the principle that, where an appeal and an application for interim relief are pending, the appellate authority should be afforded an opportunity to consider them; coercive action in the meantime may render the interim-relief application ineffective.

As the petitioners had already filed an appeal and an application for interim relief, both pending before the Collector (Nazul), the Court considered it appropriate to leave the merits for that authority to decide.

It found that eviction before the interim-relief application was considered could render that application infructuous, and therefore granted time-limited protection while directing the Collector to decide both matters promptly.

It directed the Collector (Nazul), Kabirdham, to decide the appeal and the Section 52(2) application as expeditiously as possible, preferably within that period.

The protection would cease after 45 days, without prejudice to the petitioners’ liberty to seek further protection from the competent authority in accordance with law.

The writ petition was disposed of.