Due Process Mandated Prior to Dispossession Despite Pending Land Settlement Applications

The petitioner, a resident of Village Samaniya (Raigarh), filed a writ petition challenging a dispossession order dated 30.09.2025 and a subsequent memo dated 12.11.2025.

The Tahsildar, Kapu, had directed the petitioner to vacate Khasra No. 741/1 following a complaint by Respondent No. 6, failing which a warrant for civil jail would be issued.

The petitioner contended he has been in possession of the land for 8–10 years, has constructed a residential house there, and that the land is his sole source of livelihood.

He further asserted that he has already filed an application for the settlement of the land before the competent authorities.

1. Whether the impugned dispossession order and memo should be quashed on the grounds of long-standing possession and lack of due consideration of the petitioner's residential status.

2. Whether the authorities should be directed to consider the petitioner's pending application for land settlement before proceeding with eviction.

The court applied the principles of natural justice and administrative fairness.

Under the Chhattisgarh Land Revenue Code, 1959 (implied as the governing statute for Revenue Cases/Tahsildar actions), authorities are required to provide a reasonable opportunity of hearing and pass reasoned orders when adjudicating eviction proceedings and land settlement applications.

The court did not adjudicate on the merits of the petitioner's ownership or the legality of the eviction order. Instead, it focused on the procedural requirement of a "reasonable opportunity of hearing".

The court noted the petitioner’s claim of long-term residence and the existence of a pending settlement application.

By directing the Tahsildar to examine all documents and "pass a reasoned and appropriate order," the court ensured that the administrative action of dispossession would not occur without a formal review of the petitioner’s specific defenses and his pending application for regularizing the land.

The Tahsildar, Kapu, is ordered to duly consider the petitioner’s case, afford him a reasonable opportunity of hearing, examine all relevant documents, and pass a reasoned order strictly in accordance with the law.