Nishad Land-Possession Dispute: Chhattisgarh HC Expects Board To Decide Interim Stay Plea On Dec 2, If No Legal Bar

The petitioners challenged a Tahsildar’s order dated 19 August 2026 concerning proceedings for delivery of possession of land. The dispute arose from successive mutation and revenue appeals under Section 44 of the Chhattisgarh Land Revenue Code, 1959. The petitioners contended that the Tahsildar proceeded without first deciding their preliminary objection to the possession proceedings.

They informed the High Court that the matter was pending before the Board of Revenue and that their application under Section 52 of the Code for interim relief was listed for hearing on 2 December 2026.

Section 44 was mentioned in the account of the revenue-appeal history, and Section 52 was identified as the provision under which the petitioners had sought interim relief before the Board of Revenue.

The governing direction was that the Board should consider and decide the pending interim application in accordance with law, provided no legal impediment prevented it from doing so.

Since the petitioners’ application for interim relief was already listed before the Board of Revenue for 2 December 2026, the High Court considered it appropriate to leave the interim question to that forum and expect it to decide the application on the listed date, subject to any legal impediment.

The Court did not examine the validity of the Tahsildar’s order or the parties’ competing claims, expressly reserving the merits.

It clarified that its order expressed no opinion on the merits of the case.