Government-Land Occupant Loses Eviction-Related Appeal; Chhattisgarh HC Cites 60-Day Protection And Revenue-Code Appeal Remedy

The appellant challenged a warrant of eviction dated 27.08.2026, claiming that the eviction proceedings had been conducted without giving him an opportunity to be heard.

He also sought settlement of the Government land he occupied, where he resided and carried on a pottery business.

The State submitted that an eviction order had been passed on 13.05.2026, that the appellant had challenged only the warrant and not the eviction order, and that an appeal was available under Section 44(a) of the Chhattisgarh Land Revenue Code, 1959.

The Single Judge dismissed the writ petition, directing the appellant to submit a reply to the competent authority and protecting his possession for 60 days; the appellant appealed that decision.

Section 44(a) of the Chhattisgarh Land Revenue Code, 1959 provides an appellate remedy to challenge an eviction order.

The Court also relied on the Single Judge’s directions allowing the appellant to raise his grievance before the competent authority and protecting his possession for 60 days; it did not determine the merits of the eviction dispute.

The appellant had not challenged the underlying eviction order and had not pursued the statutory appeal available under Section 44(a).

The Single Judge had nonetheless provided an opportunity to raise the grievance before the competent authority and protected the appellant’s possession for 60 days. In light of those measures and the available appellate remedy, the Division Bench found that no subsisting grievance justified appellate interference.

The Court dismissed the writ appeal as devoid of merit.