Non-consideration of a plausible ground for non-appearance, such as judicial custody, constitutes a violation of the principles of natural justice, necessitating the setting aside of the order and remittal of the case for a fresh hearing on merits.

Order On Board

(Cause-title taken from the Case Information System)

-----------------------------------------------------------------------------------------------

1. By way of this petition, the petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India calling in question the legality, validity and propriety of the impugned eviction order dated 03.09.2025 passed by the respondent No.5/Naib Tahsildar, Jagdalpur, as well as the consequential orders passed by the appellate authorities i.e. the Sub-Divisional Officer (Revenue) dated 03.07.2023, the Commissioner dated 24.01.2025 and the Board of Revenue dated 30.05.2025, whereby the petitioner has been directed to be evicted from the land bearing Khasra No. 311.

2. Facts of the case, in brief, are that the petitioner claims to be in possession of the subject land for the last 40–50 years. Proceedings under Section 250 of the Chhattisgarh Land Revenue Code, 1959 were initiated at the instance of respondent No.6 alleging encroachment by the petitioner. During the course of proceedings before the Naib Tahsildar, the petitioner could not remain present on certain dates as he was in judicial custody. Consequently, the matter proceeded ex parte and an order of eviction came to be passed. The said order was affirmed in appeal and revision by the SDO, Commissioner and Board of Revenue respectively, leading to filing of the present writ petition.

3. Following reliefs have been prayed by way of this petition:-

“10.1 That, this Hon'ble Court may kindly be pleased to issue a writ in the nature of certiorari or any other appropriate writ, order, or direction quashing the impugned eviction order dated 03.09.2025 passed by Respondent No. 5 (Annexure P/1), the order dated 28.04.2018 passed bythe learned Naib Tahsildar (Annexure P/2), the order dated 03.07.2023 passed by the learned Sub-Divisional Officer (Annexure P/3), the order dated 24.01.2025 passed by the learned Commissioner (Annexure P/4), and the order dated 30.05.2025 passed by the learned Board of Revenue (Annexure P/6).

10.2 That, this Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus directing the respondent authorities to restore and confirm the petitioner's peaceful possession over the land bearing Khasra No. 311, 311, area area 0.40 hectares, situated at Village Markel, P.H. No. 24, Tahsil Jagdalpur, District Bastar (C.G).

10.3 That, any other relief in favour of the petitioner, which this Hon'ble Court deemed fit and just in the facts and circumstances of the case.”

4. Learned counsel for the petitioner submits that the entire proceedings suffer from gross violation of principles of natural justice. It is contended that the petitioner was in judicial custody during the relevant period and, therefore, could not appear before the Naib Tahsildar to defend his case or cross-examine the witnesses. It is further submitted that this fact was specifically raised before the appellate authorities as well as the Board of Revenue, supported by the order passed in MCRC No. 4036/2018, yet the same has not been considered by any of the authorities. It is argued that once a plausible and sufficient cause for non-appearance was brought to the notice of the authorities, the matter ought to have been reconsidered on merits after affording proper opportunity of hearing. Non-consideration of such a vital ground vitiates the entire proceedings. Learned counsel, therefore, submits that the impugned orders are liable to be s