Authority: High Court of Chhattisgarh at Bilaspur

Order Date: 14 November 2024

Case Overview

  • Petitioner: Ajay Banjare, son of Bed Ram Banjare, approx. 30 years, Director of Pragati Computer Education Center, residing at Village Bade Padarmuda, Janjgir‑Champa, Chhattisgarh.
  • Respondents: State of Chhattisgarh through Secretary, Urban Administration and Development Department, Atal Nagar, Raipur; Collector Sakti; Tehsildar Adbhar; Nayab Tehsildar Adbhar; Nagar Panchayat Adbhar through Chief Municipal Officer.
  • The petition challenges an eviction notice dated 14‑Oct‑2024 issued by Tehsildar Adbhar, directing eviction of the petitioner’s alleged encroachment.
  • Underlying eviction order was passed by the Tehsildar on 04‑Oct‑2024 (Revenue Case No.202409311000084/B‑121/2023‑24). Section 47 of the Chhattisgarh Land Revenue Code, 1959 provides a 45‑day appeal period, i.e., until 19‑Nov‑2024.
  • Petitioner seeks a stay of the 14‑Oct‑2024 notice until the appeal period expires. State counsel acknowledges the appeal period is still open.

Final Outcome

  • The Court grants the petitioner's prayer, staying the operation of the eviction notice dated 14‑Oct‑2024 until 19‑Nov‑2024.
  • Petitioner is directed to file an appeal against the 04‑Oct‑2024 eviction order within the prescribed period.
  • The matter is listed for hearing in the week commencing 25‑Nov‑2024.

Topics: Eviction, Appeal, Land Revenue