Narendra Singhdeo Vs State of Chhattisgarh

2 - Collector Mahasamund District- Mahasamund (C.G.) 3 - Additional Collector Mahasamund District- Mahasamund (C.G.) 4 - Sub-Divisional Officer (R) Mahasamund District- Mahasamund (C.G.)

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5 - Tahsildar Mahasamund District- Mahasamund (C.G.) 6 - Avdhesh Singh S/o Karan Singh Thakur R/o- Village- Mudhena Tehsil And District- Mahasamund (C.G.)

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... Respondent(s)

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For Petitioner(s) : Mr. Krishna Tandon, Advocate. For Respondent(s)/State : Mr. Soumitra Kesharwani, Panel

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2

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Lawyer.

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Hon’ble Mr. Justice Amitendra Kishore Prasad

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Order on Board

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20/07/2026

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By way of this petition, the petitioner has prayed for following

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reliefs:-

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“i. That this Hon'ble Court may kindly be pleased to call for the records of the case from the respondents.

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ii. That this Hon'ble Court may kindly be pleased to set aside the order dated 04/06/2026 is annexed as (Annexure P-1) passed by in Revenue Case the Respondent No. 3 No.202512120200003 06A/6 (A) 202526 Village Mudhena Tehsil & District- Mahasamund (C.G.) iii. That this Hon'ble Court may kindly be pleased to setaside the order dated 27/04/2026 (Annexure P-2) passed by the Respondent No. 3.

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iv. To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner.”

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Learned counsel appearing for the petitioner submits that the present writ petition has been preferred challenging the orders dated 04.06.2026 and 27.04.2026 passed by the learned Additional Collector, Mahasamund. Learned counsel fairly submits that an efficacious alternative statutory remedy is available to the petitioner by way of an appeal before the competent

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Commissioner against the aforesaid orders. However, it is contended that despite cancellation of the lease granted in favour of respondent No. 6 by the competent authority, respondent No. 6 is continuing with construction over the land in question, which is recorded as pasture (grazing) land. It is submitted that respondent No. 6 has no subsisting right, title or authority in law to undertake any construction over the said land. Learned counsel, therefore, prays that the petitioner may be granted ten (10) days' time to avail the statutory remedy by filing an appeal before the competent appellate authority along with an application under Section 52 of the Chhattisgarh Land Revenue Code seeking interim protection. It is further prayed that, till such application is considered by the appellate authority, the construction being undertaken by respondent No. 6 be protected against further progress by directing the competent authorities to ensure that no further construction is carried out.

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Per contra, learned counsel appearing for the State submits that the petitioner has an efficacious statutory remedy of appeal before the concerned Commissioner and, therefore, the petitioner ought to avail the said remedy. It is further submitted that all issues, including the legality of the impugned orders, the cancellation of the lease, as well as the grievance regarding the alleged unauthorized construction being undertaken by respondent No. 6, can appropriately be raised before the appellate authority, which is competent to consider the same in accordance with law.

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Having heard learned counsel for the parties, perused the material available on record, and considering the nature of the controversy involved, this Court is of the opinion that the petitioner should first avail the statutory remedy available under the provisions of the Chhattisgarh Land Revenue Code. Accordingly, the petitioner is granted liberty to file an appeal before the competent Commissioner against the impugned orders dated 04.06.2026 and 27.04.2026, along with an application under Section 52 of the Chhattisgarh Land Revenue Code seeking interim relief. In the event such an appeal along with an application for interim relief is filed within ten (10) days from today, the competent appellate authority shall consider and decide the application for interim relief, strictly in accordance with law, as expeditiously as possible, preferably within a period of fifteen (15) days from the date of its filing, after affording due opportunity of hearing to all concerned parties.

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In the interregnum, considering the allegation that respondent No. 6 is carrying out construction over the land despite cancellation of the lease, this Court deems it appropriate to observe that the competent revenue authorities shall take such steps as may be permissible in law to ensure that the subject matter of the dispute is preserved till the application for interim relief is considered by the appellate authority. However, since respondent No. 6 has not been heard on the merits of the controversy before this Court, no adjudication on the rights of the parties is being made, and this

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order shall not be construed as an expression of opinion on the merits of the case.

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The petitioner is directed to produce a copy of this order before respondent Nos. 2 to 5 forthwith, who shall ensure due compliance with the directions contained herein.

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It is clarified that the appellate authority shall consider and decide the appeal as well as the application for interim relief independently, strictly in accordance with law and on their own merits, without being influenced by any observation made in this order, which has been passed solely for the purpose of facilitating the petitioner to avail the statutory remedy.

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With this observation and direction, the writ petition is disposed of.

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Sd/-

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(Amitendra Kishore Prasad) Judge

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Raghu Jat

Narendra Singhdeo v. State of Chhattisgarh

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Narendra Singhdeo v. State of Chhattisgarh

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