Bharat Prasad Mishra Vs State of Chhattisgarh

2 - Tehsildar Akaltara District Janjgir Champa C.G. 3 - Ramnath Mishra S/o Bodhan Prasad Mishra Aged About 52 Years R/o Village Sonasari, Tehsil Akaltara District Janjgir Champa C.G.

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4 - Aman Mishra S/o Ramnath Mishra Aged About 28 Years R/o Village Sonasari, Tehsil Akaltara District Janjgir Champa C.G.

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... Respondent(s)

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For Petitioner(s)	: Ms. Anju Ahuja, Advocate.
For State	: Shri Shobhit Mishra, Dy GA.

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SB: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board

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14/07/2026

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This Writ Petition has been filed for the following reliefs:-

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10.1 That, the Hon'ble Court be pleased to direct the respondents to place all the records of the case for kind perusal of the Hon'ble Court.

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10.2 That the Hon'ble court may kindly be pleased to direct that interim protection/status quo in respect of land bearing Khasra No. 822/122, Village Sonasari, Tehsil Akaltara, District Janjgir-Champa, in Revenue Case No.

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202606064200045/C-121, shall continue till final disposal of the pending revenue proceeding further interest of the petitioner be safeguarded.

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10.3 That this Hon'ble court may kindly be pleased to restrain respondents No. 3 and 4 from raising construction, digging foundation, changing the nature of land, alienating, transferring, creating third-party rights or interfering with the disputed land.

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10.4 That the Hon'ble court may kindly be direct respondent revenue authorities to conduct an enquiries on subject issue grant of patta and verify revenue records demarcation of Khasra No. 822/122 after notice to all parties and to prepare spot map, panchnama, measurement report and construction/status report; be submitted their after the subject issue be finalise by the court in the interest of justice 10.5 That this Hon'ble court may kindly be pleased to direct verification of patta/Form-C/B-1/Khasra/Panchsala entries relating to Late Chanda Bai and the subject land.

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10.6 That, such other reliefs as the Hon'ble Court deems fit and proper in the circumstances of the case may also be granted to the petitioner in the interest of justice.

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Learned counsel for the petitioner submits that land bearing Khasra

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No.822/122, village Sonasari, PH No.21, area 1366 sq.ft. (hereinafter subject land) was granted to mother of the petitioner namely late Chanda Bai on lease/patta. The petitioner is residing on the subject land since long back. However, Respondent Nos.3 & 4 tried to occupy the subject land of the petitioner through illegal means, as such, petitioner filed a complaint before the Tehsildar who initiated proceedings vide order dated 19.06.2026 and notices were issued to Respondent No.3 & 4 herein. He submits that in the said proceedings order of stay was also granted vide order dated 22.06.2026

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and the matter was again taken up for hearing on 24.06.2026, wherein the respondents objected regarding mutation entry. Learned counsel for the petitioner submits that the grievance of the petitioner is that even after being fully aware about the said aspects of the matter, respondent Nos.3 & 4 are continuously raising construction over the subject land and trying to possess the lane which has been left by the petitioner, in an illegal manner. Learned counsel for the petitioner submits that the respondent Nos.3 & 4 are obeying the order of the Tehsildar, as such, petitioner has preferred this petition for necessary direction.

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Learned State counsel submits that since the matter is pending for adjudication before the Tehsildar, as such, petitioner may raise his grievance before the Tehsildar.

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Having heard learned counsel for the parties and after perusing the documents annexed with the petition, particularly the photographs as well as panchnama, it appears that when Respondent Nos.3 & 4 tried to encroach upon the subject land/lane of the petitioner, a proceeding before the Tehsildar was drawn and stay order was granted by him, which is allegedly not being followed by the respondents as they are raising construction, in such circumstances, this Court is inclined to entertain the matter looking to the fact that any construction raised by the parties is ultimately subject to the order of Tehsildar as the parties will suffer if order is passed against them irrespective of their construction, therefore, this Writ Petition is disposed of with a direction to the Tehsildar concerned to proceed in the matter after giving due opportunity of hearing to the parties, to adduce evidence and shall pass final order after taking into consideration panchnama etc.

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Till the Tahsildar passes final order in the matter, both the parties are

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directed to maintain status quo in respect of the subject land.

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The Tehsildar shall ensure compliance of this order that the parties maintain status quo and they do not alienate the subject land and also do not raise

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any construction over the subject land.

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With the aforesaid direction/observation, this Writ Petition is disposed of.

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Sd/-

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(Amitendra Kishore Prasad) Judge

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Avinash

Bharat Prasad Mishra v. State of Chhattisgarh

Case brief

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Bharat Prasad Mishra v. State of Chhattisgarh

Case brief

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