1 - Abdul Majid S/o Mohd. Abdulesh Aged About 45 Years R/o Ward No.-3 v. 1 - State Of Chhattisgarh Through - The Secretary, Department Of Revenue, Mahanadi Bhawan
Case Details
1 2025:CGHC:19677 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2189 of 2025 1 - Abdul Majid S/o Mohd. Abdulesh Aged About 45 Years R/o Ward No.-3 Balrampur, P.S. And Tahsil - Balrampur, Distt. Balrampur-Ramanujganj (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of Revenue, Mahanadi Bhawan, New Raipur, Distt. - Raipur (C.G.) 2 - The Secretary Department Of Urban Development, Mahanadi Bhawan, New Raipur, Distt. - Raipur (C.G.) 3 - The Collector Balrampur, Distt. Balrampur-Ramanujganj (C.G.) 4 - Sub- Divisional Officer (Revenue) Balrampur, Distt. Balrampur-Ramanujganj (C.G.) 5 - Tahsildar Balrampur, Distt. Balrampur-Ramanujganj (C.G.) 6 - Najul Officer Balrampur, Distt. Balrampur-Ramanujganj (C.G.) 7 - Chief Municipal Officer Nagarpalika Parishad - Balrampur, Distt. Balrampur- Ramanujganj (C.G.) --- Respondent(s) WPC No. 2190 of 2025 1 - Feyaj Khan S/o Yunus Khan Aged About 70 Years (Wrongly Mention In The Order As Faizan Khan R/o Ward No. 3 Balrampur P.S. And Tahsil Balrampur District - Balrampur - Ramanujganj (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary Department Of Revenue Mahanadi Bhawan New Raipur District - Raipur (C.G.) 2 - The Secretary Department Of Urban Development Mahanadi Bhawan New Raipur District - Raipur (C.G.) 3 - The Collector Balrampur District - Balrampur - Ramanujganj (C.G.) 4 - Sub Divisional Officer (Revenue) Balrampur District - Balrampur - Ramanujganj (C.G.) 5 - Tahsildar Balrampur District - Balrampur - Ramanujganj (C.G.) 6 - Najul Officer Balrampur District - Balrampur - Ramanujganj (C.G.) Digitally signed by SHAYNA KADRI 7 - Chief Municipal Officer Nagarpalika Parishad Balrampur District - Balrampur - Ramanujganj (C.G.) 2 WPC No. 2191 of 2025 --- Respondent(s) 1 - Nur Alam Ansari S/o Suleman Ansari Aged About 38 Years R/o Ward No. 3, Balrampur, P.S. And Tahsil Balrampur, District Balrampur Ramanujganj Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue Mahanadi Bhawan New Raipur, District Raipur Chhattisgarh. 2 - The Secretary Department Of Urban Development Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh. 3 - The Collector Balrampur District Balrampur Ramanujganj Chhattisgarh. 4 - Sub Divisional Officer (Revenue) Balrampur District Balrampur Ramanujganj Chhattisgarh. 5 - Tahsildar Balrampur, District Balrampur Ramanujganj Chhattisgarh. 6 - Najul Officer Balrampur District Balrampur Ramanujganj Chhattisgarh. 7 - Chief Municipal Officer Nagarpalika Parishad Balrampur, District Balrampur Ramanujganj Chhattisgarh. --- Respondent(s) WPC No. 2192 of 2025 1 - Ranjeet Rajak S/o Chandrashekhar Rajak Aged About 46 Years R/o Ward No. 3 Balrampur P.S. And Tahsil Balrampur District - Balrampur - Ramanujganj (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary Department Of Revenue Mahanadi Bhawan New Raipur District - Raipur (C.G.) 2 - The Secretary Department Of Urban Development Mahanadi Bhawan New Raipur District - Raipur (C.G.) 3 - The Collector Balrampur District - Balrampur - Ramanujganj (C.G.) 4 - Sub Divisional Officer(Revenue) Balrampur District - Balrampur - Ramanujganj (C.G.) 5 - Tahsildar Balrampur District - Balrampur - Ramanujganj (C.G.) 6 - Najul Officer Balrampur District - Balrampur - Ramanujganj (C.G.) 7 - Chief Municipal Officer Nagarpalika Parishad Balrampur District - Balrampur - Ramanujganj (C.G.) --- Respondent(s) 3 WPC No. 2193 of 2025 1 - Md. Alamgir Ansari S/o Md. Abajar Hasan Aged About 30 Years R/o Ward No. 3 - Balrampur, P.S. And Tahsil- Balrampur Distt.- Balrampur-Ramanujganj (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through- The Secretary, Department Of Revenue Mahanadi Bhawan New Raipur Distt.- Raipur (C.G.) 2 - The Secretary Department Of Urban Development Mahanadi Bhawan, New Raipur Distt.- Raipur (C.G.) 3 - The Collector Balrampur, Distt.- Balrampur-Ramanujganj (C.G.) 4 - Sub-Divisional Officer (Revenue) Balrampur Distt.- Balrampur-Ramanujganj (C.G.) 5 - Tahsildar Balrampur Distt.- Balrampur-Ramanujganj (C.G.) 6 - Najul Officer- Balrampur Distt.- Balrampur-Ramanujganj (C.G.) 7 - Chief Municipal Officer Nagarpalika Parishad- Balrampur, Distt.- Balrampur- Ramanujganj (C.G.) --- Respondent(s) WPC No. 2195 of 2025 1 - Parwez Ahamad S/o Naeem Ahmad Aged About 47 Years R/o Ward No. 3 Balrampur P.S. And Tahsil Balrampur District - Balrampur - Ramanujganj (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary Department Of Revenue Mahanadi Bhawan New Raipur District - Raipur (C.G.) 2 - The Secretary Department Of Urban Development Mahanadi Bhawan New Raipur District - Raipur (C.G.) 3 - The Collector Balrampur District - Balrampur - Ramanujganj (C.G.) 4 - Sub Divisional Officer (Revenue) Balrampur District - Balrampur - Ramanujganj (C.G.) 5 - Tahsildar Balrampur District - Balrampur - Ramanujganj (C.G.) 6 - Najul Officer Balrampur District - Balrampur - Ramanujganj (C.G.) 7 - Chief Municipal Officer Nagarpalika Parishad Balrampur District - Balrampur - Ramanujganj (C.G.) --- Respondent(s) WPC No. 2196 of 2025 1 - Vinod Mahto S/o Somaru Mahto Aged About 51 Years R/o Ward No. 3 Balrampur P.S. And Tahsil - Balrampur, Distt.- Balrampur-Ramanujganj (C.G.) ---Petitioner(s) 4 Versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of Revenue Mahanadi Bhawan New Raipur Distt.- Raipur (C.G.) 2 - The Secretary Department Of Urban Development Mahanadi Bhawan New Raipur Distt.- Raipur (C.G.) 3 - The Collector Balrampur Distt.- Balrampur-Ramanujganj (C.G.) 4 - Sub-Divisional Officer (Revenue) Balrampur Distt.- Balrampur - Ramanujganj (C.G.) 5 - Tahsildar Balrampur, Distt.- Balrampur-Ramanujganj (C.G.) 6 - Najul Officer Balrampur, Distt.- Balrampur-Ramanujganj (C.G.) 7 - Chief Municipal Officer Nagarpalika Parishad Balrampur, Distt.- Balrampur- Ramanujganj (C.G.) --- Respondent(s) WPC No. 2197 of 2025 1 - Samsad Ansari S/o Rahman Ansari Aged About 36 Years R/o Ward No. 3 Balrampur P.S. And Tahsil - Balrampur Distt - Balrampur-Ramanujganj Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue Mahanadi Bhawan New Raipur Distt - Raipur Chhattisgrh 2 - The Secretary Department Of Urban Development Mahanadi Bhawan New Raipur Distt - Raipur Chhattisgarh 3 - The Collector Balrampur Distt - Balrampur-Ramanujganj Chhattisgarh 4 - Sub-Divisional Officer (Revenue) Balrampur Distt - Balrampur-Ramnujganj Chhattisgarh 5 - Tahsildar Balrampur Distt - Balrampur-Ramnujganj Chhattisgarh 6 - Najul Officer Balrampur Distt - Balrampur-Ramnujganj Chhattisgarh 7 - Chief Municipal Officer Nagarpalika Parishad - Balrampur Distt - Balrampur- Ramnujganj Chhattisgarh --- Respondent(s) WPC No. 2198 of 2025 1 - Mohd. Aalam Khan S/o Varish Ali Khan Aged About 45 Years R/o Ward No. 3, Balrampur, P.S. And Tahsil Balrampur, District Balrampur Ramanujganj Chhattisgarh. ---Petitioner(s) Versus 5 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue Mahanadi Bhawan New Raipur, District Raipur Chhattisgarh. 2 - The Secretary Department Of Urban Development Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh. 3 - The Collector Balrampur District Balrampur Ramanujganj Chhattisgarh. 4 - Sub Divisional Officer (Revenue) Balrampur District Balrampur Ramanujganj Chhattisgarh. 5 - Tahsildar Balrampur, District Balrampur Ramanujganj Chhattisgarh. 6 - Najul Officer Balrampur District Balrampur Ramanujganj Chhattisgarh. 7 - Chief Municipal Officer Nagarpalika Parishad Balrampur, District Balrampur Ramanujganj Chhattisgarh. --- Respondent(s) WPC No. 2200 of 2025 1 - Mujahid Ansari S/o Almuddin Ansari Aged About 37 Years R/o Ward No.-3 Balrampur, P.S. And Tahsil - Balrampur, Distt. Balrampur-Ramanujganj (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of Revenue, Mahanadi Bhawan, New Raipur, Distt. - Raipur (C.G.) 2 - The Secretary Department Of Urban Development, Mahanadi Bhawan, New Raipur, Distt. - Raipur (C.G.) 3 - The Collector Balrampur, Distt. Balrampur-Ramanujganj (C.G.) 4 - Sub- Divisional Officer (Revenue) Balrampur, Distt. Balrampur-Ramanujganj (C.G.) 5 - Tahsildar Balrampur, Distt. Balrampur-Ramanujganj (C.G.) 6 - Najul Officer Balrampur, Distt. Balrampur-Ramanujganj (C.G.) 7 - Chief Municipal Officer Nagarpalika Parishad - Balrampur, Distt. Balrampur- Ramanujganj (C.G.) --- Respondent(s) WPC No. 2201 of 2025 1 - Mahruddin Ansari S/o Nejam Ansari Aged About 35 Years R/o Ward No. 03, Balrampur P.S. And Tahsil- Balrampur Distt- Balrampur-Ramanujganj (C.G.) ---Petitioner(s) Versus 6 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue Mahanadi Bhawan New Raipur Distt- Raipur (C.G.) 2 - The Secretary, Department Of Urban Development Mahanadi Bhawan New Raipur Distt- Raipur (C.G.) 3 - The Collector, Balrampur Distt- Balrampur-Ramanujganj (C.G.) 4 - Sub-Divisional Officer (Revenue) Balrampur Distt- Balrampur-Ramanujganj (C.G.) 5 - Tahsildar Balrampur Distt- Balrampur-Ramanujganj (C.G.) 6 - Najul Officer Balrampur Distt- Balrampur-Ramanujganj (C.G.) 7 - Chief Municipal Officer Nagarpalika Parishad- Balrampur Distt- Balrampur- Ramanujganj (C.G.) --- Respondent(s) WPC No. 2202 of 2025 1 - Sabnam Parvin W/o Meraj Khan Aged About 45 Years R/o Ward No. 3 Balrampur P.S. And Tahsil- Balrampur Distt.- Balrampur-Ramanujganj (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through- The Secretary, Department Of Revenue Mahanadi Bhawan New Raipur Distt.- Raipur (C.G.) 2 - The Secretary Department Of Urban Development Mahanadi Bhawan, New Raipur Distt.- Raipur (C.G.) 3 - The Collector Balrampur, Distt.- Balrampur-Ramanujganj (C.G.) 4 - Sub-Divisional Officer (Revenue) Balrampur Distt.- Balrampur-Ramanujganj (C.G.) 5 - Tahsildar Balrampur Distt.- Balrampur-Ramanujganj (C.G.) 6 - Najul Officer- Balrampur Distt.- Balrampur-Ramanujganj (C.G.) 7 - Chief Municipal Officer Nagarpalika Parishad- Balrampur, Distt.- Balrampur- Ramanujganj (C.G.) --- Respondent(s) WPC No. 2203 of 2025 1 - Murshid Ansari S/o Late Jabbar Ansari Aged About 38 Years R/o Ward No. 3 Balrampur P.S. And Tahsil Balrampur District - Balrampur - Ramanujganj (C.G.) ---Petitioner(s) 7 Versus 1 - State Of Chhattisgarh Through The Secretary Department Of Revenue Mahanadi Bhawan New Raipur District - Raipur (C.G.) 2 - - The Secretary Department Of Urban Development Mahanadi Bhawan New Raipur District - Raipur (C.G.) 3 - The Collector Balrampur District - Balrampur - Ramanujganj (C.G.) 4 - Sub Divisional Officer Revenue) Balrampur District - Balrampur - Ramanujganj (C.G.) 5 - Tahsildar Balrampur District - Balrampur - Ramanujganj (C.G.) 6 - Najul Officer Balrampur District - Balrampur - Ramanujganj (C.G.) 7 - Chief Municipal Officer Nagarpalika Parishad Balrampur District - Balrampur - Ramanujganj (C.G.) --- Respondent(s) WPC No. 2205 of 2025 1 - Ainul Haque Ansari S/o Akbar Ali Ansari Aged About 60 Years R/o Ward No. 3 Balrampur P.S. And Tahsil - Balrampur Distt.- Balrampur- Ramanujganj (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of Revenue Mahanadi Bhawan New Raipur Distt.- Raipur (C.G.) 2 - The Secretary Department Of Urban Development Mahanadi Bhawan New Raipur Distt.- Raipur (C.G.) 3 - The Collector Balrampur Distt.- Balrampur-Ramanujganj (C.G.) 4 - Sub-Divisional Officer (Revenue) Balrampur Distt.- Balrampur - Ramanujganj (C.G.) 5 - Tahsildar Balrampur Distt.- Balrampur - Ramanujganj (C.G.) 6 - Najul Officer Balrampur Distt.- Balrampur - Ramanujganj (C.G.) 7 - Chief Municipal Officer Nagarpalika Parishad Balrampur Distt.- Balrampur - Ramanujganj (C.G.) --- Respondent(s) WPC No. 2208 of 2025 1 - Gulam Sarver S/o Late Abdul Rahman Aged About 38 Years (Wrongly Mention In The Order As Sarver Ansari), R/o Ward No. 3 Balrampur P.S. And Tahsil - Balrampur Distt - Balrampur-Ramanujganj Chhattisgarh 8 Versus ---Petitioner(s) 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue Mahanadi Bhawan New Raipur Distt - Raipur Chhattisgrh 2 - The Secretary Department Of Urban Development Mahanadi Bhawan New Raipur Distt - Raipur Chhattisgarh 3 - The Collector Balrampur Distt - Balrampur-Ramanujganj Chhattisgarh 4 - Sub-Divisional Officer (Revenue) Balrampur Distt - Balrampur-Ramnujganj Chhattisgarh 5 - Tahsildar Balrampur Distt - Balrampur-Ramnujganj Chhattisgarh 6 - Najul Officer Balrampur Distt - Balrampur-Ramnujganj Chhattisgarh 7 - Chief Municipal Officer Nagarpalika Parishad - Balrampur Distt - Balrampur- Ramnujganj Chhattisgarh --- Respondent(s) WPC No. 2209 of 2025 1 - Jyaul Ansari S/o Marhum Abarak Ansari Aged About 32 Years R/o Ward No. 3 Balrampur P.S. And Tahsil - Balrampur Distt - Balrampur-Ramanujganj Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue Mahanadi Bhawan New Raipur Distt - Raipur Chhattisgrh 2 - The Secretary Department Of Urban Development Mahanadi Bhawan New Raipur Distt - Raipur Chhattisgarh 3 - The Collector Balrampur Distt - Balrampur-Ramanujganj Chhattisgarh 4 - Sub-Divisional Officer (Revenue) Balrampur Distt - Balrampur-Ramnujganj Chhattisgarh 5 - Tahsildar Balrampur Distt - Balrampur-Ramnujganj Chhattisgarh 6 - Najul Officer Balrampur Distt - Balrampur-Ramnujganj Chhattisgarh 7 - Chief Municipal Officer Nagarpalika Parishad - Balrampur Distt - Balrampur- Ramnujganj Chhattisgarh --- Respondent(s) WPC No. 2194 of 2025 1 - Gulbahar Ansari S/o Julfan Ansari Aged About 42 Years R/o Ward No. 3 Balrampur P.S. And Tahsil Balrampur District - Balrampur - Ramanujganj (C.G.) 9 Versus ---Petitioner(s) 1 - State Of Chhattisgarh Through The Secretary Department Of Revenue Mahanadi Bhawan New Raipur District - Raipur (C.G.) 2 - The Secretary Department Of Urban Development Mahanadi Bhawan New Raipur District - Raipur (C.G.) 3 - The Collector Balrampur District - Balrampur - Ramanujganj (C.G.) 4 - Sub Divisional Officer(Revenue) Balrampur District - Balrampur - Ramanujganj (C.G.) 5 - Tahsildar Balrampur District - Balrampur - Ramanujganj (C.G.) 6 - Najul Officer Balrampur District - Balrampur - Ramanujganj (C.G.) 7 - Chief Municipal Officer Nagarpalika Parishad Balrampur District - Balrampur - Ramanujganj (C.G.) --- Respondent(s) WPC No. 2199 of 2025 1 - Shoukat Ansari S/o Rashid Ansari Aged About 44 Years R/o Ward No. 3 Balrampur P.S. And Tahsil Balrampur District - Balrampur - Ramanujganj (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary Department Of Revenue Mahanadi Bhawan New Raipur District - Raipur (C.G.) 2 - The Secretary Department Of Urban Development Mahanadi Bhawan New Raipur District - Raipur (C.G.) 3 - The Collector Balrampur District - Balrampur - Ramanujganj (C.G.) 4 - Sub Divisional Officer(Revenue) Balrampur District - Balrampur - Ramanujganj (C.G.) 5 - Tahsildar Balrampur District - Balrampur - Ramanujganj (C.G.) 6 - Najul Officer Balrampur District - Balrampur - Ramanujganj (C.G.) 7 - Chief Municipal Officer Nagarpalika Parishad Balrampur District - Balrampur - Ramanujganj (C.G.) --- Respondent(s) (Cause-title is taken from Case Information System) For Petitioner
Legal Reasoning
: Mr. A. N. Pandey, Advocate For State : Mr. Praveen Das, Dy. Advocate General along with Ms. Upasana Mehta, Dy. Government Advocate 10 SB- Hon'ble Shri Justice Amitendra Kishore Prasad 30/04/2025 Order on Board 1.
Decision
The contents and factual matrix involved in all the writ petitions would revel that the bone of contention in them is one and the same, as such, all these writ petitions are clubbed together, heard together and are being decided by this common order. 2. Writ petition No. 2189 of 2025 has been taken as lead case in order to decide the issues involved in this matter. The petitioner in the said writ petitioner has prayed for following reliefs :- “10.1 That, this Hon'ble court may kindly be pleased to set aside of the impugned notice dated 23.4.2025 issued by the respondent no.5 ANNEXURE P/1 restrain the respondent authorities to not dispossess the petitioners from the subject land and house. 10.2 That, this Hon'ble court may kindly be pleased to set aside of the entire proceeding initiated by the respondent no.5 under section 248 of the C.G Land Revenue Code upon the subject property of the petitioner as well as final order dated 23.4.2025 passed by the respondent no.5 ANNEXURE P/10 10.3 That, any other relief or reliefs may also be granted to the petitioner which this Hon'ble court deems fit and proper in the facts and circumstances of the case.” 3. The present petition challenges a notice dated 23.04.2025, issued by respondent No. 5, directing the petitioner to vacate a residential house and land (Khasra No. 843/1, area 0.01 hectares) in Ward No. 3, Balrampur, within three days. The land, previously classified as Gochar land, was converted to Najul land through a notification dated December 14, 2022, and published in the Gazette on February 10, 2023. Pursuant to this notification, the revenue records were updated, and the name of petitioners were included in the list. 11 Proceedings for granting a patta for the subject property were initiated, but subsequently, the State Government withdrew the relevant circular on July 23, 2024. The Sub-Divisional Officer (Revenue) rejected the claim of petitioners for a patta on 30.07.2024. The petitioners then applied to the Collector for grant of patta / regularization on 12.08.2024, which is still pending. Notably, the land is situated in a municipal area, and the petitioners regularly pays house tax to the Municipal Corporation. Despite this, the Tahsildar initiated proceedings under Section 248 of the Chhattisgarh Land Revenue Code, 1959 (hereinafter referred as “the Code of 1959”) and passed an eviction order. 4. Learned counsel for the petitioners submits that the petitioners are in long- standing possession of the subject land bearing Khasra No. 843/1, admeasuring 0.01 hectare, situated at Ward No. 3, Balrampur, District Balrampur-Ramanujganj (Chhattisgarh), where they have constructed residential houses and are residing with their family. The subject land falls within the municipal limits and the petitioners have been regularly paying house tax to the Municipal Corporation, Balrampur. Earlier the subject land was classified as Gochar land, however, by notification dated 14.12.2022, the same was converted into Najul land by the State Government, which was duly published in the official Gazette on 10.02.2023 ( Annexure P/4). In pursuance of the said notification, Respondent No. 4 directed the Tahsildar to update the revenue record accordingly, and the name of the petitioners were included in the said list ( Annexure P/5). Consequently, proceedings for grant of patta were initiated by the Najul Officer as per Government Circular (Annexure P/6). Despite these developments, by circular dated 23.07.2024, the earlier circular facilitating patta grant was withdrawn and based on this, the Sub-Divisional Officer rejected the claim of petitioners for grant of patta vide order dated 30.07.2024 (Annexure P/7). The petitioners made a representation to the learned Collector on 12.08.2024 for regularization and 12 grant of patta, which remains pending till date without any order (Annexure P/8). The impugned action of the Tahsildar initiating proceedings under Section 248 of the Code of 1959 is without jurisdiction, as it is well settled that proceedings under Section 248 are not maintainable in respect of Najul land situated within municipal areas. The Hon’ble High Court of Madhya Pradesh has clearly held so in “Sind Mahajan Exchange Ltd. vs. State of M.P.” (Misc. Petition No. 105/1973) and “Madan Lal & Ors. vs. State of M.P.” (C.R. No. 1088/1996). The eviction order passed on 23.04.2025 (Annexure P/10) under Section 248 was passed without granting adequate opportunity of hearing and with undue haste, as even the eviction notice issued on the same date allowed only 3 days to vacate, thus violating principles of natural justice. Though an earlier writ petition (W.P.(C) No. 2088/2025) was filed, it was dismissed with liberty to file a fresh petition, and interim protection for 3 days was granted to prevent demolition of the house of petitioner (Annexure P/11). The petitioners are in long-standing possession, have constructed residential houses, and are regularly paying municipal taxes. Dispossession without due process would cause irreparable loss, hardship, and violation of constitutional rights of petitioner, especially under Articles 14, 19 and 21 of the Constitution. 5. On the other hand, learned State counsel opposes the submission made by learned counsel for the petitioners and raises on objection stating that the present writ petitions are not maintainable in view of the statutory and efficacious alternative remedy available to the petitioners under Section 44 of the Code of 1959. The orders impugned, having been passed under Section 248 of the Code of 1959, are specifically appealable before the Sub- Divisional Officer (Revenue). The petitioners have deliberately failed to disclose this in the petition and has chosen to bypass the alternate statutory remedy without assigning any valid justification. The writ petitions are liable to be dismissed at the threshold on this ground alone. The petitioners have 13 relied upon a government notification dated 14.12.2022 and gazette publication dated 10.02.2023 to claim that the land in question (Khasra No. 843/1) has been converted into Najul land. However, it is submitted that as per the Revenue Book Circular (Part 4, Kra. No. 1), especially Clause ( ग), lands categorized as grazing lands (Gochar), “Gothan,” and “Abadi” are specifically excluded from being classified as Najul land. The subject land bearing Khasra No. 843 is recorded as grazing land in the revenue records and, therefore, its inclusion as Najul land is contrary to law. It is submitted that although proposals for regularization of possession were submitted to the Collector, the Government of Chhattisgarh, through its Revenue and Disaster Management Department, has withdrawn all previous circulars regarding regularization of encroached government lands, including urban areas, by circular dated 23.07.2024. This effectively nullifies all earlier regularization proceedings. Para 4 of the circular dated 23.07.2024 also provides a specific forum and remedy to persons aggrieved by non- regularization — namely, the Divisional Commissioner. The petitioners have neither availed the statutory appeal under Section 44 nor approached the Divisional Commissioner. The premature invocation of writ jurisdiction without exhausting such remedies is not permissible. The Hon’ble High Court of Chhattisgarh in Gyan Singh vs. Smt. Geeta Devi Agrawal, WP (227) No. 164/2018, decided on 20.01.2020, has categorically upheld the authority of the Tahsildar and Revenue Authorities to initiate proceedings under Sections 248 and 250 of the Code of 1959. In paras 14–17 of the said judgment, it was held that the provisions of the Code are fully applicable and that the Tehsildar is competent to act against encroachments. The petitioners have no patta or legal right over the land in question. Being an illegal occupant, the petitioners cannot claim protection against action taken in accordance with the law. The State Government is acting in accordance with the constitutional obligation and judicial directives, including those of the Hon’ble Supreme 14 Court, to remove encroachments from government lands, especially grazing lands. The petitions are not maintainable due to non-exhaustion of statutory remedies. The claim of petitioners based on inclusion of grazing land into Najul land is without legal foundation. The eviction proceedings under Section 248 have been rightly initiated and concluded by the competent authority and no infringement of fundamental rights arises, as the petitioners are unauthorized encroacher on government land. 6. I have heard learned counsel for the respective parties and perused the documents annexed along with the petitioner with atmost circumspection. 7. Upon examining the pleadings and documents filed by the petitioners, it is evident that the land in question is government land, and the petitioners are deemed encroachers. Although the petitioners claim long-standing occupation, having constructed houses and paid house tax to the Nagar Panchayat, Balrampur, payment of house tax alone does not confer any right to occupy the land. The Tahsildar initiated proceedings under Section 248 of the Chhattisgarh Land Revenue Code, holding the petitioners as encroachers, and passed a removal order, which is currently under challenge 8. The threshold question is whether the petitioners have exhausted the available alternate remedies under the law. If not, can they directly approach this Court without availing such remedies? It is undisputed that an appeal lies under Section 44(1) of the Code of 1959 before the Appellate Authority, which the petitioners have not pursued. Consequently, the petitions filed before this Court are not maintainable. The petitioners challenge the order, arguing that the land falls within the jurisdiction of Nagar Panchayat, and therefore, the Tahsildar lacked authority to pass orders under Section 248 of the Code of 1959. 9. Hon’ble Supreme Court in case of United Bank of India vs. Stayawati Tondon and Others, reported in (2010) 8 SCC 110 highlights the principles 15 governing exercise of writ jurisdiction despite availability of alternative remedy and reiterates that existence of alternative remedy is not an absolute bar to entertaining a writ petition, but Court would generally decline jurisdiction if adequate alternative remedy is available. Relevant portion is quoted below for ready reference :