Anjana Ekka Vs State of Chhattisgarh — Chhattisgarh HC (2026) — LawSathi Research

Anjana Ekka Vs State of Chhattisgarh — Chhattisgarh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition dismissed as withdrawn at the petitioner's request, with liberty to file an appropriate application before the competent authority within 15 days; the authority to consider and decide it expeditiously, preferably within a further period of 45 days, strictly in accordance with law; and no coercive steps to be taken against the petitioner till decision on such application.

Issue for consideration

Whether the petitioner could derive benefit from the Chhattisgarh Nagariya Kshetron Ke Awasheen Vyakti Ko Pattadhariti Adhikar Niyam, 2023 despite proceedings under Section 248 of the Chhattisgarh Land Revenue Code having culminated in the year 2020 (contested question of retrospective applicability, urged by the State but not adjudicated by this Court). +1 more

Ratio / Principle

Considering that although the order under Section 248 was passed in the year 2020 no consequential notice or action appears to have been taken thereafter for a considerable period, and that the petitioner had deposited the fine amount and continued in possession of the disputed property, the Court deemed it appropriate to grant liberty to the petitioner to avail the alternative statutory remedy available under law.

Key takeaways

The petitioner is directed to approach the competent authority/forum having jurisdiction over the matter and file an appropriate application within a period of 15 days.ratio¶24
If the application is filed within the stipulated period, the concerned authority shall consider and decide the same expeditiously, preferably within a further period of 45 days, strictly in accordance with law.ratio¶24
Till the decision on the application to be filed by the petitioner, no coercive steps shall be taken against the petitioner.

Detailed headnote1 paragraphs

WPC No. 2741 of 2026, High Court of Chhattisgarh at Bilaspur (decided 17.06.2026, Amitendra Kishore Prasad, J.) — Anjana Ekka v. State of Chhattisgarh, Collector Surguja and Tahsildar Nazul Ambikapur. Writ petition concerning removal/dispossession flowing from the Tahsildar's order dated 08.05.2020 (Section 248, Chhattisgarh Land Revenue Code proceedings concluded in 2020; superstructure demolished in furtherance of notice dated 08.05.2020) was dismissed as withdrawn at the petitioner's instance after argument. Liberty was granted to pursue the alternative statutory remedy — including recourse to the Chhattisgarh Nagariya Kshetron Ke Awasheen Vyakti Ko Pattadhariti Adhikar Niyam, 2023 — before the competent authority: application to be filed within 15 days, to be considered and decided expeditiously preferably within a further 45 days strictly in accordance with law, with no coercive steps till decision. The Court observed that no consequential notice or action followed the 2020 Section 248 order for a considerable period and that the petitioner had deposited the fine amount and continued in possession. The State's contention that the benefit of the 2023 Rules cannot be extended retrospectively was recorded but not adjudicated by this Court, the question being left to the competent authority.