2026:CGHC:7780 Digitally signed by RUKHSAR RUKHSARBANO BANO Date:

2026.02.13

1 + 0 0 : 5 3 3 8 0 :12 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 605 of 2026

1 - Sharique Abbasi S/o Late Rafique Ahmad Aged About 39 Years R/o In Front Of Jubesta, Devendra Nagar Raipur (C.G.)

... Petitioner versus

1 - State Of Chhattisgarh Through Secretary, Urban Administration Department, Capital Complex, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.)

2 - Collector Raipur, District Raipur (C.G.)

3 - Sub Divisional Officer (R) Raipur District Raipur (C.G.)

4 - Tahsildar Raipur, District Raipur (C.G.)

5 - Dilip Kumar Panigrahi S/o Vishambhar Aged About 62 Years R/o Ward No. 05, Khaspara, Nandpura, District Bastar (C.G.)

... Respondents (Cause title, as taken from CIS system)

For Petitioner : Mr. Tapan Kumar Chandra, Adv.

For State/ Respondents No.1 to 4 : Mr. Anand Dadariya, Dy. A.G.

(Hon’ble Shri Justice Naresh Kumar Chandravanshi)

Order on Board

12/02/2026

1. This petition has been preferred by petitioner under Article 226 of the Constitution of India seeking following reliefs:-

“10.1 Hon'ble Court may kindly be pleased to call for the entire record pertaining to the instant case. 10.2 That, the Hon'ble Court may kindly be pleased to allow the petition and set aside the impugned Notice dated 23.01.2026 (Annexure P/1) issued by the respondent No.4, in the interest of justice.

10.3 That, the Hon'ble Court may kindly be pleased to allow the petition and direct the respondent authority to demarcate the land of the petitioner and respondent No.5 for settle the dispute, in the interest of justice.”

2. Learned counsel for the petitioner submits that without serving any notice upon the petitioner, the Tahsildar, Raipur (Respondent No.4) got demarcated the land bearing khasra No.158/3, Rakba 0.0240 hectares at the instance of respondent No.5. On the basis of demarcation report dated 16.04.2024 prepared by the Revenue Inspector-8, Tahsil and District Raipur, the Tahsildar, Raipur passed an order dated 12.06.2024 and subsequently issued an eviction notice dated 23.01.2026 (Annexure -P/1), directing the petitioner to vacate the alleged encroached area, within one week. He further submits that the order dated 12.06.2024 passed by the Tahsildar, Raipur, based on the demarcation report dated 16.04.2024, has been challenged by petitioner before the Upper Collector, Raipur, by filing a Revision bearing Case No.202510113000016 A/12/2025-26, in which, stay application has also been filed, but the same has not been decided till date, although the delay in filing revision has been condoned. He further submitted that despite the pendency of said revision, the Tahsildar, Raipur issued the eviction notice dated 23.01.2026 (Annexure -P/1), even though the stay application is pending before the Upper Collector, Raipur, and the case is fixed for final argument on 16.02.2026. Learned counsel further submitted that since the said revision case is fixed for final hearing and the interim application filed by the petitioner has not been decided yet, therefore, this petition may be disposed of with a direction to Upper Collector, Raipur to decide the aforesaid Revision Case No.202510113000016 A/12/2025-26, expeditiously Till such decision, interim protection may be granted to the petitioner.

3. Per contra, learned State counsel submits that since the revision case has already been fixed for final hearing on 16.02.2026, interim protection may not be granted to the petitioner.

4. Heard learned counsel for both the parties and perused the material available on record.

5. Perusal of the record shows that, on the one hand, the revision case challenging the order dated 12.06.2024 passed by the Tahsildar, Raipur is pending before the Upper Collector, Raipur; on the other hand, the Tahsildar, Raipur has issued the eviction notice dated 23.01.2026 to the petitioner. The grievance of the petitioner is that the demarcation was carried out without serving notice upon him.

6. Having c