Julfekar Qadri Vs State of Chhattisgarh

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Digitally signed by RAMESH KUMAR VATTI Date: 2026.02.10 18:12:38 +0530

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2026:CGHC:7028

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 533 of 2026

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*** -** Julfekar Qadri S/o. Late Suleman Qadri, Aged About 61 Years R/o. Village Amandon, Tahsil And P.O. Pratappur, Police Station Pratappur, District Surguja (C.G.)

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... Petitioner

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Versus

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1 - State Of Chhattisgarh Through The Secretary Of The Revenue Department Capital Complex Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur C.G.

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2 - The Collector, Ambikapur, District Surguja (C.G.)

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3 - Sub Divisional Officer (Revenue) Pratappur, District Surguja (C.G.)

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4 - The Tahsildar, Pratappur, District Surguja (C.G.)

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5 - President Forest Right Committee, Village- Amandon, Gram PanchayatAmandon, Tahsil Pratappur, District Surguja (C.G.)

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... Respondents

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For Petitioner : Mr. A.K. Yadav, Advocate

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For Respondents/State : Mr. Abhishek Gupta, Panel Lawyer

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Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board

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09/02/2026

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The petitioner has filed this petition seeking the following relief(s):-

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“ 10.1 The Hon’ble Court may kindly be pleased to call for the entire records pertaining to the case of the present Petitioner from the Respondent authorities concerned for kind perusal.

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10.2 The Hon’ble High Court may kindly be pleased to issue writ / writs, order / orders, direction/ directions, thereby setting-aside impugned order Dt. 23.01.2026

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(ANN P-1), issued by the Respondent No. 04, in the interest of justice.

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10.3 That this Hon’ble Court may further be pleased to direct the respondent authority to grant the lease to the petitioner or pass any other order in favour of petitioner as it may deem fit and proper under the facts and circumstances of the case with cost.

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10.4 Pass any other order under the facts and circumstances of the case, in the interest of justice.”

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Mr. A.K. Yadav, learned counsel appearing for the petitioner would submit that petitioner is in possession of land bearing Survey No. 58, admeasuring 0.30 acre, out of 0.71 acre since 70-80 years. He would contend that a show cause notice has been issued by the Tehsildar, Pratappur, wherein it is stated that if the petitioner fails to file reply by 05.02.2026, eviction proceeding shall be initiated against him. He would contend that without affording any opportunity of hearing and without holding any inquiry, the notice has been issued. He would pray to set aside the notice Annexure-P-1 dated 23.01.2026.

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On the other hand, Mr. Abhishek Gupta, learned Panel Lawyer appearing for the State/respondents would submit that proceedings under Section 248 of the CG Land Revenue Code has been initiated against petitioner and he has been granted sufficient time to file reply to said show cause notice. He would contend that the matter is still pending before the Tehsildar and instead of contesting said case, the petitioner has preferred this petition which is not maintainable.

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Heard learned counsel for the parties.

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Taking into consideration the submissions advanced by respective Advocates, further considering the fact that proceeding initiated under Section 248 of CG Land Revenue Code is still pending consideration

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before the Tehsildar and the petitioner has already filed reply, therefore, this petition, at this juncture, is disposed of with a direction to the concerned Tehsildar to decide the matter strictly in accordance with law. The concerned authority shall consider the reply as well as the documents placed on record by petitioner herein.

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With the aforesaid directions, this petition is disposed of .

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Sd/- (Rakesh Mohan Pandey) Judge

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vatti

Julfekar Qadri v. State of Chhattisgarh

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Julfekar Qadri v. State of Chhattisgarh

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