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Judgment
The defect pointed out by the Registry is overruled. Accordingly, the matter is heard finally.
By way of this petition, the petitioner has prayed for following reliefs:-
“10.1.Issue an appropriate writ, order or direction, including a writ in the nature of Certiorari, for quashing and setting aside the order dated 16.07.2026 (Annexure P-1) passed by the Nazul Officer, Ambikapur,
10.2.Issue an appropriate writ, order or direction commanding the Respondent authorities not to take any coercive action against the Petitioners, including eviction, dispossession, demolition or removal of the Petitioners from their respective residential houses situated over the subject land, in pursuance of the order dated 29.07.2025 passed by the Collector, Surguja, during pendency of the revenue proceeding (Revenue case no. 202509960100068/B-121/2024-25), arising out of the said order before the learned Commissioner, Surguja Division;
10.3Issue an appropriate direction that until the final adjudication of the aforesaid revenue proceeding Revenue case no. 202509960100068/B-121/2024-25, is pending before the learned Commissioner, the Respondent authorities shall maintain status quo with regard to the possession of the Petitioners over their respective residential houses and restrain the Respondent authorities from taking any coercive steps pursuant to the order dated 29.07.2025 passed by the Collector, Surguja;
10.4.Grant any other relief, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.”
Learned counsel for the petitioners submits that, being aggrieved by the rejection of their application for grant of lease/patta by the competent Nazul Officer, Ambikapur, the petitioners have preferred an appropriate revision petition before the Commissioner, Surguja Division. It is further submitted that, vide order dated 16.09.2025, the competent Commissioner rejected the petitioners’ application for grant of stay under Section 52 read with Section 32 of the Chhattisgarh Land Revenue Code, 1959. However, the revision petition itself has not been decided till date, and in the meantime, the petitioners apprehend coercive action, including eviction and demolition of their residential houses, pursuant to the order passed by the Collector, Surguja.
Learned State counsel, opposing the petition, submits that the impugned order has been passed by the competent authority in accordance with law and that the petitioners have already availed the statutory remedy of revision before the Commissioner, Surguja Division. It is further submitted that the petitioners cannot claim any protection against consequential action merely because the revision petition is pending, particularly when their application for grant of lease/patta has been rejected by the competent authority.
Learned counsel appearing on behalf of respondent No. 10, Municipal Corporation, Ambikapur, adopts the submissions made by learned State counsel and submits that the Municipal Corporation is acting in accordance with law and that no interference by this Court is warranted in the present petition.
I have heard learned counsel for the parties and perused the material available on record.
Considering the facts and circumstances of the case and the limited prayed made by the petitioner..0, the Commissioner, Surguja Division, is directed to decide the pending revision petition preferred by the petitioners within a period of 30 days from the date of receipt of a copy of this order.
Until the revision petition is decided, the respondent authorities are directed not to take any coercive steps against the petitioners.
With the aforesaid directions, the petition stands disposed of.