Ramkishan @ Borra Satnami v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2587 of 2021 • Ramkishan @ Borra Satnami S/o Shri Shivnath Satnami Aged About 45 Years R/o Village- Chhote Rabeli, Post Bade Rabeli, TahsilMalkharoda, Civil And Revenue District- Janjgir-Champa (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Revenue Department, Mahanadi Bhawan, Atal Nagar, New Raipur, Civil And Revenue District- Raipur (Chhattisgarh)

2. Collector Janjgir Civil And Revenue District - Janjgir Champa (Chhattisgarh)

3. Sub Divisional Officer (Revenue) Sakti, Civil And Revenue DistrictJanjgir-Champa (Chhattisgarh)

4. Tahsildar Malkharoda, Civil And Revenue District- Janjgir-Champa (Chhattisgarh).

5. Gram Panchayat Bhutha Through The Secretary Gram Panchayat Bhutha, Janpad Panchayat Malkharoda, Civil And Revenue District - Janjgir Champa (Chhattisgarh) ---- Respondents For the Petitioner : Shri Ramesh Nayak, Advocate For the State : Shri Gagan Tiwari, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .06.2021 Heard.

1. Learned counsel for the petitioner submits that the petitioner and the other villagers were served with a show cause notice on 06.07.2020 by the Tehsildar i.e. respondent No. 4 that they are in occupation of the government land. Subsequently, the order under Section 240(1) of the Chhattisgarh Land Revenue Code 1959 was passed by the

respondent No. 4 on 10.07.2020 wherein the ejectment was ordered. He further submits that before such order was passed, the petitioner and the other villagers were not heard however, the order dated 10.07.2020 along with the interim application was subject of appeal before the SDO i.e. respondent No. 3. It is submitted that neither the appeal nor the interim application filed in the appeal was heard by the SDO, therefore the SDO may be directed to hear the appeal within a reasonable time.

2. Perusal of the documents show that the petitioner has already preferred an appeal against the order of ejectment on 24.02.2021 which is pending adjudication before the SDO i.e. respondent No. 3. Since the appeal is pending and the considerable period has been passed and in the meanwhile, if the petitioner and the other villagers are ejected, then the filing of appeal itself would be rendered infructuous. Under these circumstances, it is ordered that the SDO may decide the appeal of the petitioner within a reasonable time on its merits and till then, the order of the Tehsildar dated 10.07.2020 for ejectment shall not be carried out.

3.

With the above observations/direction, this writ petition stands disposed of.

Sd/- GOUTAM BHADURI JUDGE Jyoti