Hemant Sahu Vs State of Chhattisgarh — Chhattisgarh HC (2026) — LawSathi Research

Hemant Sahu Vs State of Chhattisgarh — Chhattisgarh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with directions: petitioner at liberty to file all relevant documents before the concerned Tahsildar within 15 days; Tahsildar to enquire and take appropriate decision after affording due opportunity, preferably within 60 days. The prayers to set aside the stay order and to restrain interference with construction were not adjudicated on the merits.

Issue for consideration

Whether the impugned stay order dated 05.02.2025 issued by respondent no. 4 (Tahsildar) should be set aside. +2 more

Ratio / Principle

The petitioner was granted liberty to file all relevant documents before the concerned Tahsildar within a period of 15 days.

Key takeaways

The Tahsildar was directed to enquire into the matter and take an appropriate decision after affording due opportunity to the petitioner, preferably within a period of 60 days; the Court did not itself rule on the stay order, its validity, or the jurisdictional objection.ratio¶¶27

Detailed headnote1 paragraphs

Chhattisgarh High Court (Bilaspur), single Judge (Rakesh Mohan Pandey, J.), WPC No. 576 of 2026, order dated 11.02.2026. The petitioner, whose house-construction fund of Rs. 57,233.70/- under Pradhan Mantri Awas Yojana had been sanctioned after due verification, challenged a stay dated 05.02.2025 issued by the Tahsildar, Tahsil Fingeshwar (respondent no. 4) on further construction of his house, made on a complaint by villagers, and also sought directions restraining the respondents from interfering with the incomplete construction. The State contended that a proceeding regarding alleged illegal construction was pending before the Tahsildar since 2025, in which the stay was passed, while the petition was filed only in 2026. Without deciding the merits or the contention that the Tahsildar lacked jurisdiction, the Court disposed of the petition, granting the petitioner liberty to file all relevant documents before the concerned Tahsildar within 15 days and directing the Tahsildar to enquire into the matter and take an appropriate decision after affording due opportunity to the petitioner, preferably within 60 days.

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Digitally signed by SIDDHANT SIDDHANT TAMRAKAR TAMRAKAR Date: 2026.02.11 17:08:05 +0530

2026:CGHC:7614

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPC No. 576 of 2026

Hemant Sahu S/o Jagdish Sahu Aged About 35 Years Resident Of VillageKhudiyadih Tahsil Fingeshwar District- Gariyaband (C.G.)

... Petitioner

versus

State Of Chhattisgarh Through Its Secretary, Department Of Revenue Mahanadi Bhawan, Atal Nagar New Mantralaya Raipur, District- Raipur Chhattisgarh,

Collector Gariyaband District- Gariyaband Chhattisgarh,

Sub Divisional Officer (Revenue) Figeshwar District- Gariyaband Chhattisgarh

Tahsildar Tahsil Fingeshwar District- Gariyaband Chhattisgarh

... Respondent(s)

For Petitioner : Mr. B.L. Sahu, Advocate For State : Mr. Anand Dadariya, Dy. Advocate General

Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

11.02.2026

By way of this petition, petitioner has sought for the following relief :-

“10.1 That, this Hon'ble Court may kindly be pleased to set-aside the impugned stay dated 05.02.2025 has issued by the respondent no. 4 (Annexure P-1), in the interest of justice.

10.2 That, this Hon'ble Court may kindly be pleased to issue the writ order or directions to the respondents may not interference for further construction over the incomplete construction of the petitioner's house, in the interest of justice.

10.3 Any other relief which may be suitable in the facts

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and circumstances of the case, may also be granted.”

Learned counsel for the petitioner would submit that a sum of Rs. 57,233.70/- was sanctioned in favour of the petitioner for construction of house under Pradhan Mantri Awas Yojana. He would submit that the concerned Tahsildar has stayed further construction of house on complaint made by villagers. He would submit that the Tahsildar has no jurisdiction and after due verification, the authorities concerned sanctioned the fund. He would pray to set-aside the order.

On the other hand, Mr. Dadariya would contend that matter is pending before the Tahsildar against the petitioner regarding illegal construction. He would submit that in said proceeding the Tahsildar passed order of stay. He would submit that the order was passed way back in the year 2025, whereas, this petition has been preferred in the year 2026.

Heard.

Taking into consideration the submissions advanced by respective Advocates, the petitioner is granted liberty to file all relevant documents before the concerned Tahsildar within a period of 15 days from today, and in turn, the Tahsildar is directed to enquire into the matter and take appropriate decision after affording due opportunity to the petitioner, preferably within a period of 60 days.

With the aforesaid observation(s), and direction(s), the instant petition is hereby disposed of .

Sd/- (Rakesh Mohan Pandey) Judge

$iddhant