A writ petition challenging an order passed under Section 248 of the Chhattisgarh Land Revenue Code, 1959 is not maintainable when a statutory remedy of appeal is provided under Section 44 of the said Code.

Order On Board

1. This writ petition has been filed challenging order dated 19.05.2026 passed by the Tehsildar, Bhilai 3, District Durg in Revenue Case No.202602101600009 A-68 by which the petitioner has been directed to remove his encroachment from the land bearing khasra No.398 admeasuring 1750 sq.ft. situated at Padum Nagar village Charoda, Tahsil Bhilai 3, District Durg.

2. Learned counsel for the petitioner submits that the petitioner had purchased the subject property through registered sale deed in the year 2014, which is reflected from the copy of sale deed at Annexure P/3 and he constructed his house on the purchased property and has been residing there on. He would further submit that without considering the relevant document the Tehsildar, Bhilai 3, District Durg has passed the order by invoking the jurisdiction under Section 248 of the Chhattisgarh Land Revenue Code, 1959 and directed the petitioner to remove his encroachment from the said land. Therefore, the petitioner has filed the present writ petition for quashing of the impugned order dated 19.05.2026 (Annexure P/1).

3. At the outset, learned counsel appearing for the respondent-State has raised an objection that the Tahsildar has passed the impugned order under Section 248 of the Chhattisgarh Land Revenue Code, 1959 which is appealable before the Sub Divisional Officer, Revenue, as provided under Section 44 of the Chhattisgarh Land Revenue Code and the statutory remedy of filing an appeal is available to the petitioner and therefore, the present writ petition is not maintainable.

4. Having considered the submissions made by learned counsel for the parties and considering the fact that impugned order dated 19.05.2026 passed by the Tahsildar, Bhilai 3, District Durg is appealable before the Sub Divisional Officer, Revenue, Bhilai 3, District Durg under Section 44 of the Chhattisgarh Land Revenue Code, the present writ petition is disposed of directing the petitioner to approach before the concerned Sub Divisional Officer by filing a statutory appeal within 15 days from today and till then the interest of the petitioner may be protected.

5. Accordingly, the present writ petition is disposed of directing the petitioner to file a statutory appeal before the Sub Divisional Officer, Revenue, Bhilai 3, District Durg within 15 days from today and in such eventuality the concerned Sub Divisional Officer, Revenue shall decide the interim application for grant of stay within further period of 15 days from the date of filing of appeal by the petitioner before it in accordance with law on its own merits. If the petitioner fails to file the appeal within the stipulated time frame, this order shall lose its efficacy.

6. With the aforesaid observations, the present writ petition stands disposed of.