The eviction order was deemed unlawful due to lack of procedural fairness, highlighting the need for a hearing under the C.G. Land Revenue Code.

Order on Board

07/08/2025

1. The instant writ petition has been filed challenging the legality, validity and propriety of the order dated 14/12/2021 passed by the District Collector, Durg in Revenue Case No.13/A-19(3) Year 2021- 22, whereby the land situated at Village Pulgaon, P.H. No.25, Durg District Durg, bearing Khasra No.129/6, admeasuring 10.012 hectare, surplus ceiling land has been allotted to the Chhattisgarh Housing Board, Durg for construction of houses under the Atal Vihar Yojana and the petitioners have been given the eviction letter dated

03/12/2024.

2. The brief facts as projected by the petitioners are that the ancestors of the petitioners were doing cultivation on the above land as occupancy tenant since 1972 under the Malgujar of the area, after the abolition of Malgujari, the Malgujar had handed over the ceiling land to the state government. The petitioners are still cultivating the land and earning their livelihood by doing farming in the small fraction of their respective share on the land bearing khasara no. 26/6, area about-10.012 hectare for the last 50 years, thereby the petitioners are in possession over the land, but all of a sudden the said land was allotted to the housing board for the construction of houses under the Atal Vihar Scheme. The revenue proceeding was initiated by the tahsildar Durg bearing revenue case no. 202106100700099, A-68 years 2021-22 under section 248 of CG land revenue code for eviction of the land and thereby without affording the opportunity of being heard to the petitioners the tehsildar Durg has passed the eviction of the land by the order dated 24/05/2024 as per the above order the notices for eviction of the land was issued to the petitioners on 03/12/2024 and the tahsildar passed the eviction order in the revenue case no. 202106100700099, A-68 years 2021-22 against the petitioner and also imposed the fine of rupees 5000 on each of the petitioners under section 248 of CG land revenue code and eviction warrant on 19/07/2024. Hence this petition.

3. Learned counsel for the petitioners would submit that the respondent authority without following the due procedure of law and without affording any opportunity of hearing to the petitioners passed the eviction order, which is against the law.

4. Per contra, learned State counsel opposes the submission made by learned counsel for the petitioners.

5. I have heard learned counsel for the parties and perused the documents with utmost circumspection.

6. Be that as it may, since there is an alternative remedy under Section

44 (1) of the C.G. Land Revenue Code , 1959 is available to the petitioners for filing of appeal against the order of the Tehsildar dated 24/05/2024, therefore, the petitioners, if so advised, may file an appeal under Section 44 (1) of the Code, 1959 before the concerned Sub Divisional Officer (Revenue).

7. With the aforesaid observation, the writ petition stands disposed of.