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Nilesh Tiwari Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

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Chhattisgarh HC
2025
Nilesh Tiwari Vs State of ChhattisgarhNilesh Tiwari v. State of Chhattisgarh

Disposed¶30

Nilesh Tiwari v. State of Chhattisgarh

Writ Petition (Civil) – dispossession

Chhattisgarh HC23 Jan 2025WPC/132/2023

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur; WPC No. 132 of 2023; decided 24/01/2025 by Bibhu Datta Guru, J.; Nilesh Tiwari v. State of Chhattisgarh & others; Nazul land; dispossession order by Tahsildar Nazul dated 02.01.2023; temporary construction beside temple at Ambikapur, District Surguja; interim protection against coercive steps dated 09.01.2023; time-bound direction to vacate/remove temporary construction within 2.5 months; petition disposed without deciding legality of dispossession order; NAFR.

What did the court decide?

Petition disposed with a direction to the petitioner to remove the temporary construction beside the temple within 2½ months; interim relief dated 09.01.2023 (no coercive steps) to continue till then. No final adjudication was made on the legality of the impugned dispossession order. ¶30

Why is it important?

Taking into account the interim relief order dated 09.01.2023, the petitioner is directed to remove the temporary construction in which he is residing immediately after 2½ months from the date of the order (24.01.2025), and the interim relief granted on 09.01.2023 shall continue until then. ¶29

What the court decided

AI extract

Outcome

Petition disposed with a direction to the petitioner to remove the temporary construction beside the temple within 2½ months; interim relief dated 09.01.2023 (no coercive steps) to continue till then. No final adjudication was made on the legality of the impugned dispossession order.

Issue for consideration

Challenge to the order of dispossession dated 02.01.2023 passed by the Tahsildar, Nazul (respondent No. 4). +1 more

Ratio / Principle

Taking into account the interim relief order dated 09.01.2023, the petitioner is directed to remove the temporary construction in which he is residing immediately after 2½ months from the date of the order (24.01.2025), and the interim relief granted on 09.01.2023 shall continue until then.

Detailed headnote1 paragraphs

Writ Petition (Civil) — dispossession — order dated 02.01.2023 of Tahsildar, Nazul challenged; interim relief of 09.01.2023 had restrained coercive steps against the petitioner's temporary construction, conditional on residence-only use pending completion of an under-construction temple. At hearing, petitioner sought disposal with a direction to remove the temporary construction beside the temple; respondent No. 5 objected that two years had passed without removal. Held: petitioner directed to remove the temporary construction immediately after 2½ months from 24.01.2025; interim relief dated 09.01.2023 to continue till then; petition disposed accordingly. (NAFR)

A

1

2025:CGHC:4549

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPC No. 132 of 2023

1 Nilesh Tiwari S/o Shri V.K. Tiwari Aged About 36 Years R/o Near Atal Awas Muktipara Phundurdihari Ambikapur Tahsil Ambikapur, District Sruguja, Chhattisgarh.

... Petitioner(s)

versus

1 State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Manaement, Mantralaya New Raipur, District Raipur, Chhattisgarh.

2 The Collector, Surguja Ambikapur, District Surguja, Chhattisgarh.

3 Sub Divisional Officer (Revenue) Ambikapur, District Surguja, Chhattisgarh.

4 Tahsildar Nazul Ambikapur District Surguja, Chhattisgarh.

5 Shailendra Kushwaha S/o Shri R.L. Kushwaha Aged About 40 Years R/o Shyam Prasad Mukherji Ward Muktipara Tahsil Ambikapur, District Surguja, Chhattisgarh.

2

...

Respondent(s)

For Petitioner(s) : Shri Nishi Kant Sinha, Advocate For Respondent(s) / : Shri S.S. Choubey, P.L. State For Respondent No. : Shri Vivek Siddharth Ojha, Advocate 5

Hon’ble Shri Bibhu Datta Guru, Judge

Order on Board

24/01/2025

Heard.

By the present writ petition the petitioner is questioning the order of dispossession dated 02.01.2023, passed by the Tahsildar, Nazul (respondent No. 4).

Vide order dated 09.01.2023, this court has granted an interim relief that the respondents are directed not to initiate any coercive steps, so far as the temporary construction that the petitioner has raised subject to the condition that the petitioner shall use the said place only for his residence till he shifts to the under construction temple.

Learned counsel for the petitioner submits that the writ petition may be disposed off with a direction to the petitioner that he shall remove the temporary construction beside the temple within a

3

period of 3 months and till then no coercive steps be taken.

Learned counsel for respondent No. 5 raised an objection to the petitioner’s contention and submits that from 09.01.2023 the petitioner is protected by interim order and submits that the petitioner promised to remove the temporary construction after completion of temple, however about two years have been expired and the petitioner is still continuing there.

I have heard learned counsel for the parties and perused the records.

Looking to the interim relief order dated 09.01.2023, the petitioner is directed to remove the temporary construction in which he is residing immediately after 2 ½ months from today. Till then, the interim relief granted on 09.1.2023 shall continue.

With the aforesaid observation, the petition stands disposed off.

Sd/-

(Bibhu Datta Guru)

JUDGE

Jyoti

Issues for consideration

2 issues framed by the court

AI extract

1.
Challenge to the order of dispossession dated 02.01.2023 passed by the Tahsildar, Nazul (respondent No. 4).¶22
2.
Within what period the petitioner must remove the temporary construction beside the temple and whether coercive steps are to be stayed until such removal.medium confidence¶26
The court held
Taking into account the interim relief order dated 09.01.2023, the petitioner is directed to remove the temporary construction in which he is residing immediately after 2½ months from the date of the order (24.01.2025), and the interim relief granted on 09.01.2023 shall continue until then.ratio¶29

Procedural history

How this case reached the court

AI extract

Order under challenge
Order of dispossession dated 02.01.2023¶22
Tahsildar, Nazul (respondent No. 4) · 02.01.2023
Prior proceeding
Interim relief granted by this Court on 09.01.2023 restraining coercive steps against the petitioner's temporary construction, conditional on its use only for residence till he shifts to the under-construction temple.¶23
Prior proceeding
At the final hearing, counsel for the petitioner sought disposal with a direction to remove the temporary construction beside the temple within 3 months with no coercive steps meanwhile; respondent No. 5 objected that two years had elapsed since the interim order without removal.¶27

Parties & counsel

AI extract

petitioner
Nilesh Tiwari S/o Shri V.K. Tiwari¶6
Shri Nishi Kant Sinha
respondent
State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Manaement, Mantralaya New Raipur, District Raipur, Chhattisgarh.¶9
Shri S.S. Choubey
respondent
The Collector, Surguja Ambikapur, District Surguja, Chhattisgarh.¶10
Shri S.S. Choubey
respondent
Sub Divisional Officer (Revenue) Ambikapur, District Surguja, Chhattisgarh.¶11
Shri S.S. Choubey
respondent
Tahsildar Nazul Ambikapur District Surguja, Chhattisgarh.¶12
Shri S.S. Choubey
respondent
Shailendra Kushwaha S/o Shri R.L. Kushwaha¶13
Shri Vivek Siddharth Ojha

Coram

AI extract

Bibhu Datta Guruauthor¶18

Case details

As recorded by the court registry

Court: Chhattisgarh HC
Decided on: 23 Jan 2025 · January
Registered: 7 Jan 2023
Case no.: WPC/132/2023
CNR: CGHC010009982023
Bench: Bibhu Datta Guru
Disposal: DISPOSED OFF
Case type: WPC

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Cite this judgement

Nilesh Tiwari v. State of Chhattisgarh, WPC/132/2023 (CG), decided on 23 January 2025.

The High Court of Chhattisgarh publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history3

Order of dispossession dated 02.01.2023Tahsildar, Nazul (respondent No. 4) · 02.01.2023
Interim relief granted by this Court on 09.01.2023 restraining coercive steps against the petitioner's temporary construction, conditional on its use only for residence till he shifts to the under-construction temple.
At the final hearing, counsel for the petitioner sought disposal with a direction to remove the temporary construction beside the temple within 3 months with no coercive steps meanwhile; respondent No. 5 objected that two years had elapsed since the interim order without removal.

View full history

Bench / Coram

Bibhu Datta Guru

Parties & counsel