Ramprasad Rahi vs State Of Chhattisgarh - 2026 Supreme(Online)(Chh) 17669

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2026 Supreme(Online)(Chh) 17669

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Amitendra Kishore Prasad, J
Ramprasad Rahi – Appellant
Versus
State Of Chhattisgarh – Respondent
WPC No. 2798 of 2026

Important Points

The High Court may grant interim protection by staying coercive dispossession or demolition proceedings when a Revision and stay application regarding the same land dispute are already pending adjudication before a competent revenue authority.

Subject

Civil Law - Land Revenue

Act Referred

Chhattisgarh Land Revenue Code, 1959: S.50, S.52

Headnote

The petitioner filed a writ petition seeking to quash a notice regarding the removal of encroachment, asserting that a Revision under Section 50 of the Chhattisgarh Land Revenue Code, 1959 is pending before the Board of Revenue. The court observed that an interim stay application is slated for hearing before the appellate authority. The issue before the Court was whether interim protection should be granted to prevent dispossession or demolition while the Revision and stay application remain pending. The court reasoned that in the interest of justice, given that the lower authority is already seized of the matter, coercive steps should be stayed until the adjudication of the interim application. The petition was disposed of by directing the authorities to maintain the status quo until the Board of Revenue decides the application filed under Section 52 of the Code.

Advocates:
For the Appellants/Petitioners: Raj Kumar Sahu
For the Respondents: SS Choubey

Table of Content
1. summary of facts and pending proceedings before revenue board. (Para 1 , 2 , 3 , 4)
2. granting interim protection pending disposal of specific applications by the revenue authority. (Para 5 , 6 , 7 , 8)

NAFR

Order on Board

1. Heard.

2. By way of this petition, the petitioner has prayed for the following reliefs :

(i) That, the Hon'ble Court may kindly be pleased to quash the impugned notice dated 27.05.2025 (Annexure P-1) passed by the Respondent No. 6, in the interest of justice.

(ii) Any other relief, which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be granted in favour of the petitioner.

3. Learned counsel for the petitioner submits that against the order dated 7.4.2026 passed by the Commissioner, Bilaspur Division, Bilaspur, regarding removal of encroachment, the petitioner has preferred a Revision under Section 50 of the CG Land Revenue Code (in short “the Code”) before the Board of Revenue on 1.6.2026. He submits that along with the Revision, an application for interim stay has also been preferred, which is pending consideration. He further submits that while the stay application is yet to be decided by the concerned Board of Revenue, the Respondent- Naib Tehsildar, Shivrinaryan is proceeding to remove the encroachment pursuant to the notice dated 27.5.2026. Under such circumstances, the petitioner has filed this petition seeking interim protection so that until his Revision Petition is decided by the Board of Revenue, he may not be dispossessed and his construction may not be demolished.

4. Per contra, learned counsel for the State, on verification, submits that from the documents, it appears the petitioner has invoked the revisional jurisdiction of the Board of Revenue under Section 50 of the Code. A perusal of the order sheet further shows that the matter is already fixed for hearing on 8.6.2026 before the Board of Revenue for hearing of stay application filed by the petitioner.

5. Considering the aforesaid aspects of the matter and upon submissions advanced by learned counsel for the parties, this Court deems it appropriate to direct the concerned Naib Tehsildar not to take any coercive steps nor proceed further against the petitioner, till the application filed by the petitioner under Section 52 of the Code, pending before the Board of Revenue, is decided. Ordered accordingly.

6. Furthermore, the petitioner is directed to diligently pursue the subject Revision Petition as well as the interim application filed under Section 52 of the Code before the Board of Revenue.

7. It is made clear that this Court has not expressed any opinion on the merits of the case, and this order has been passed solely on the ground that the matter is pending adjudication before the Board of Revenue, where the stay application filed by the petitioner is scheduled to be heard.

8. With the aforesaid observations/directions, the Petition is disposed of.