Shivnarayan Yadav & Ors vs State Of Chhattisgarh & Ors

Amitendra Kishore Prasad, J

By way of this petition, the petitioner has prayed for following reliefs:-

"10.1 The Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the present Petitioners from the Respondent authorities concerned for kind perusal.

10.2 The Hon'ble High Court may kindly be pleased to issue writ / writs, order / orders, direction / directions, and set-aside impugned order dated 30/04/2026 (ANNEXURE P-1), issued by the Respondent No.04, in the interest of justice.

10.3 That this Hon'ble court may further be pleased to direct the respondent authority to grant the lease to the petitioners or pass any other order in favour of petitioners as it may deem fit and proper under the facts and circumstances of the case with cost. circumstances of the case, in the interest of justice."

Learned counsel for the petitioner submits that the petitioner has already submitted an application before the competent authorities seeking grant of lease in respect of the land in question and the said application is still pending consideration before the concerned respondent authorities.

At this stage, learned counsel appearing for the State submits that no such application has been received or filed before the concerned authority and, therefore, the veracity and genuineness of the alleged application cannot be established merely on the basis of the averments made 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 further taking into account that the petitioner has placed on record a copy of the alleged application along with an affidavit affirming the same, this Court is inclined to observe that the petitioner may pursue his remedy before the appropriate authority for consideration of his claim for grant of lease strictly in accordance with law. It is further noticed that the order directing removal of the petitioner has already been passed by the concerned Tahsildar vide order dated 30.04.2026, against which the present petition has been preferred primarily seeking interim protection. Therefore, receipt of a copy of this order is granted to the petitioner to approach the competent authority/forum and seek appropriate interim relief, including an order of stay, in accordance with law.

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