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CDJ 2026 Ch HC 133 My Notes print Preview print print
Court : High Court of Chhattisgarh
Case No : WPC No. 4070 of 2026
Judges: THE HONOURABLE MR. JUSTICE AMITENDRA KISHORE PRASAD
Parties : Rahul Shukla Versus State of Chhattisgarh Through The Secretary, Department of Revenue & Disaster Management, Raipur, C.G. & Others
Appearing Advocates : For the Petitioner: Ashutosh Trivedi, Advocate. For the Respondents: S.S. Choubey, Government Advocate.
Date of Judgment : 05-08-2026
Head Note :-
Chhattisgarh Land Revenue Code, 1959 - Section 250 -

Comparative Citation:
2026 CGHC 34069,
Judgment :-

1. By filing the present writ petition, the petitioner calls in question the inaction on the part of the respondent authorities in implementing the order dated 29.07.2024 passed by the Tahsildar, Masturi in proceedings under Section 250 of the Chhattisgarh Land Revenue Code, 1959 (for short, "the CGLRC"), whereby respondent No.7 was directed to be evicted from the land bearing Khasra Nos.32/1 admeasuring 0.06 Acres and 46/1 admeasuring 0.52 Acres, situated at Village Parasda Kisan, Tehsil Masturi, District Bilaspur, and possession thereof was directed to be restored to the petitioner. The petitioner has prayed for following relief(s):-

          "i. That, the Hon'ble Court may kindly be pleased to issue a writ of Mandamus or any other appropriate writ, order, or direction commanding Respondents No. 2 to 5 to forthwith implement and execute the eviction order dated 29.07.2024 passed in Revenue Case No. 202402071400014/A-70/2023-24 (Rahul Shukla v. Shiv Prasad).

          ii. That, the Hon'ble Court may be kind enough issue a writ of Mandamus directing Respondent No. 6 to provide adequate and necessary police force (Police Officers) on the specified date to the revenue authorities to and hand over peaceful physical possession of Khasra No. 32/1 (0.06 Acres) and Khasra No. 46/1 (0.52 Acres) situated at Village Parasda Kisan to the Petitioner as per the order dated 29.07.2024.

          iii. That, the Hon'ble Court may be kind enough to Pass any other order(s) or direction(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, along with costs of the petition."

2. Learned counsel for the petitioner submits that pursuant to the aforesaid order dated 29.07.2024, the concerned Tahsildar, on the very same day, issued a notice to respondent No.7 directing him to vacate the land in question. Thereafter, another notice dated 27.08.2024 was also issued calling upon respondent No.7 to hand over vacant possession. Learned counsel would further submit that despite repeated notices and subsequent requisitions made by the Tahsildar seeking police assistance for execution of the eviction order, respondent No.7 continues to remain in illegal possession of the subject land and the petitioner has not been restored possession till date. It is, therefore, prayed that appropriate directions be issued to the respondent authorities for implementation of the order dated 29.07.2024 in accordance with law.

3. On the other hand, learned State counsel submits that the competent authorities shall take appropriate steps for execution of the order passed under Section 250 of the CGLRC in accordance with law.

4. I have heard learned counsel for the parties and perused the material available on record.

5. Considering the facts and circumstances of the case, particularly the order dated 29.07.2024 passed by the Tahsildar, Masturi under Section 250 of the CGLRC, and notice dated 27.08.2024 issued to respondent No.7, and the fact that the said order has admittedly not been implemented till date, this Court deems it appropriate to direct the concerned Tahsildar to execute the order dated 29.07.2024 and restore possession of the land in question to the petitioner strictly in accordance with law, as expeditiously as possible, preferably within a period of 30 days from the date of receipt of a copy of this order. If, for execution of the said order, any police assistance is required, the Superintendent of Police, Bilaspur shall extend necessary police force and assistance to the revenue authorities for ensuring peaceful implementation of the eviction order.

6. It is made clear that this Court has not expressed any opinion on the merits of the claims of the parties or the legality and correctness of the order dated 29.07.2024. The directions issued herein are confined only to the implementation of the said order in accordance with law, if the same has not been stayed, modified or set aside by any competent authority or Court.

7. With the aforesaid observations and directions, the writ petition stands disposed of.
 
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