DEVIPRASAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard on I.A. No.1/2021, which is an application for grant of stay.

(2.) Petitioners have approached this Court invoking jurisdiction of this Court under Article 226 of the Constitution of India challenging eviction warrant dated 16/12/2021 (Annexure P-1) and order dated 16/12/2021 (Annexure P-6) issued by the Tahsildar, Sakri, District Bilaspur.

(3.) Learned counsel for petitioners submits that respondent No.4-Tahsildar initiated proceedings against petitioners under Sec. 248 of CG Land Revenue Code, 1959 (for short 'the Code of 1959') on the pretext that petitioners are in encroachment of government lands. Proceeding started on 08/07/2021. On 30/11/2021 Clerk of the office of respondent No.4-Tahsildar informed petitioners' counsel that next date of hearing would be '06/01/2022. He submits that when counsel for petitioners appeared before Tahsildar, proceedings were not recorded in order sheets and next date of hearing was orally informed to petitioner. However, behind the back of petitioner, order impugned is passed on 16/12/2021. He submits that case before the Tahsildar was fixed for evidence but instead thereof final order is passed on 16/12/2021 itself, which is contrary to provisions of law and violative of the principles of natural justice. Hence, application for grant of stay filed by petitioners may be allowed and interim protection, as prayed for, may be granted to them.