This writ petition challenged the SDO's rejection of a stay application in an encroachment case. The Court held that since the appeal against the Tahsildar's order was pending, interference was inappropriate and directed the SDO to decide within 20 days.
Writ petition dismissed; SDO directed to decide the pending appeal within 20 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
2025:CGHC:3317
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 388 of 2025
1 Shivkumar @ Badku S/o Late Shri Vishram Aged About 56 Years R/o Village- Banarsi, Post- Mana Basti, P.S.- Mana Camp, Tahsil- Raipur, Distt.- Raipur (C.G.)
2 Bhojadas Kosre S/o Late Shri Vishram Aged About 46 Years R/o Village- Banarsi, Post- Mana Basti, P.S.- Mana Camp, Tahsil- Raipur, Distt.- Raipur (C.G.)
... Petitioner(s)
versus
1 State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Capital Complex, Mahanadi Bhawan, New Raipur, Atal Nagar, District- Raipur (C.G.)
2 Collector Raipur, Distt- Raipur (C.G.)
3 Sub-Divisional Officer (Revenue) Raipur, Distt- Raipur (C.G.)
4 Additional Tahsildar Raipur, Distt- Raipur (C.G.)
... Respondent(s)
2
For Petitioner(s) : Shri Sumit Shrivastava, Advocate For Respondent(s) : Shri Anmol Sharma, P.L.
/ State
Hon’ble Shri Bibhu Datta Guru, Judge
Order on Board
20/01/2025
Heard.
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Tashildar there are chances that petitioner’s construction over the land in question may be removed.
Sd/-
(Bibhu Datta Guru)
JUDGE
Jyoti
1 issue framed by the court
Whether the High Court can interfere with the rejection of a stay application when the substantive appeal is still pending before the SDO.
Shivkumar @ Badku
State Of Chhattisgarh
Bibhu Datta Guru
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
