1 2025:CGHC:49051 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 46 of 2022 Shakuntala Raj D/ Hariram Raj Aged About 40 Years Caste- Gond, R/o Village- Patna, Sub-Tahsil- Patna, Tahsil- Baikunthpur, District- Koriya, Chhattisgarh --- Petitioner versus 1 - State Of Chhattisgarh Through- The Secretary, Department Of Revenue, Mahanadi Bhawan, Atal Nagar, New Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 2 - The Collector, District- Koriya (Baikunthpur), Chhattisgarh 3 - The Sub Divisional Officer ( Revenue), Baikunthpur, District- Koriya, Chhattisgarh, 4 - The Nayab Tahsildar, Sub Tahsil- Patna ( Baikunthpur), District- Koriya, Chhattisgarh 5 - Mohd. Imran Khan S/o Mohd. Hafiz Khan Aged About 34 Years Caste- Muslim, R/o Village And Post Patna, Sub-Tahsil- Patna ( Baikunthpur), District- Koriya, Chhattisgarh 6 - Mohd. Hamid Khan S/o Mohd. Hanif Khan Aged About 30 Years Caste- Muslim, R/o Village And Post Patna, Sub-Tahsil- Patna ( Baikunthpur), District- Koriya, Chhattisgarh, 7 - Sitendra Narayan Singh S/o Heeralal Singh Aged About 44 Years Caste-Gond, R/o Village And Post Patna, Sub- Tahsil- Patna (Baikunthpur), District- Koriya, Chhattisgarh --- Respondents WPC No. 1486 of 2022 Smt. Shakuntala Raj D/o Hariram Raj Aged About 40 Years Caste Gond (S.T.), R/o Village Patna, Sub Tahsil Patna, District Koriya Chhattisgarh. ---Petitioner BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2025.09.26 16:50:19 +0530 2 Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhawan , Atal Nagar New Raipur Chhattisgarh. 2 - The Collector District Koriya (Baikunthpur) Chhattisgarh. 3 - The Sub Divisional Officer (Revenue) Baikunthpur , District Koriya Chhattisgarh. 4 - The Naib Tahsildar Sub Tahsil Patna , District Koriya Chhatitsgarh. 5 - Sitendra Narayan Singh S/o Heera Lal Singh Aged About 44 Years Caste Gond, R/o Village And Post Patna Sub Tahsil , Patna , District Koriya Chhattisgarh. 6 - Mohd. Imran Khan S/o Mohd. Hafiz Khan Aged About 34 Years Caste Muslim, R/o Village And Post Patna Sub Tahsil , Patna , District Koriya Chhattisgarh. 7 - Mohd. Hamid Khan S/o Mohd. Hanif Khan Aged About 30 Years Caste Muslim, R/o Village And Post Patna Sub Tahsil , Patna , District Koriya Chhattisgarh. --- Respondents For Petitioner : Mr. Ashok Kumar Shukla, Advocate For Respondent/State : Mr. Dilman Rati Minj, Govt. Advocate and Ms. Prabha Sharma, Panel Lawyer For Respondent Sirendra Narayan Singh : Mr. Malay Shrivastava, Advocate (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 24/09/2025 1. The above mentioned WPC No.1486/2022 has been filed by the petitioner seeking quashment of Order dated 05.7.2021 passed by Naib Tahsildar, Tahsil Patna Distt. Koriya in Revenue Case No.4/A-70/2019-2020 and Order No.202111011300038/39-70, dated 08.3.2022 passed by The Sub Divisional Officer (Revenue), Baikunthpur, Distt. Koriya. 2. The above mentioned REVP No.46/2022 has been filed by the petitioner for recalling of order dated 20.10.2021 passed by the Coordinate Bench of this Court in WPC No.4154/2021, whereby Naib Tahsildar, Tahsil Patna, Distt. Koriya has been directed to take up proceedings of execution of order dated 05.7.2021 passed in Revenue Case No.4/A-70/2019-2020 and conclude the same expeditiously within a period of 6 months. Since the dispute in both these petitions arises out of same disputed land bearing Khasra No.758/6/1 area 180 sq. meter, 3 hence, both the petitions are disposed of by this common order. 3. Learned counsel for the petitioner submits that dispute pertains to land bearing Khasra No.758/1/2 area 0.020 hectare and adjacent land bearing Khasra No.758/6/1 area 0.031 hectare. Respondent Sitendra Narayan Singh filed application under Section 250 of the Chhattisgarh Land Revenue Code, 1959 before Naib Tahsildar, Patna Distt. Koriya, alleging therein that the petitioner has encroached a piece of land bearing Khasra No.758/6/1 area 180 sq. meter. In that case, eviction order was passed against the petitioner. Subsequently, respondent Sitendra Narayan Singh filed WPC No.4154/2021 for execution of order passed by Naib Tahsildar, Patna, in which, without providing opportunity of hearing to the petitioner, vide Order dated 20.10.2021, Coordinate Bench of this Court directed respondent No.4/Naib Tahsildar to comply with eviction order. Learned counsel further submits that dispute between the parties is with regard to demarcation as both of them are claiming their title on disputed portion. He further submits that Order dated 05.7.2021 passed by the Naib Tahsildar was challenged by the petitioner in revenue appeal, in which the Sub Divisional Officer (Revenue), Baikunthpur vide Order dated 08.3.2022 dismissed the appeal on the ground of limitation and further observed that since order for compliance has been passed the High Court, therefore, it has to be complied with by the Naib Tahsildar, Patna. He further submits that since the dispute pertains to demarcation/title dispute in respect of adjacent land between the parties and respondent Sitendra Narayan Singh has already filed civil suit for declaration of his title, permanent injunction and recovery of possession bearing civil suit No.01A/2024 before Upper Sessions judge, Baikunthpur, Distt. Koriya, therefore, above review petition as well as WPC No.1486/2022 have become redundant. Hence, it is prayed that both these petitions may be disposed of. It is also prayed that till disposal of the civil suit, eviction order passed by Naib Tahsildar dated 05.7.2021 ought not be complied with. 4. Learned counsel appearing for respondent Sitendra Narayan Singh 4 submits that, the respondent has filed aforesaid civil suit seeking aforesaid relief, therefore, he also submits that these petitions have become redundant. 5. It is settled proposition of law that once the civil suit is filed with regard to title/possession dispute in respect of land, then dispute can be finally resolved by civil Court. Such dispute also cannot be resolved by filing writ petition before the High Court. If any order is passed by High Court in the writ petition, then it shall not come in the way to decide the civil suit by the Civil Court, because civil court decides the case on the basis of evidence adduced by both the parties, which is not done in the writ court. 6. In the instant cases, the dispute pertains to boundary dispute, the petitioner has occupied some portion of the land. She claims her title on that portion of the land, whereas, respondent Sitendra Narayan Singh is claiming his title on that portion. But the petitioner is in possession of that portion. Therefore, now the issue can be resolved by the civil court, hence, both the petitions, i.e. Review Petition No.46/2022 and WPC No.1486/2022 have become redundant, therefore, both the petitions are disposed of. 7. However, it is observed that since civil suit has already been filed by respondent Sitendra Narayan Singh, seeking possession, therefore, order in Revenue Case No.4/A-70/2019-20 dated 05.7.2021 passed by Naib Tahsildar, Sub- Tahsil Patna, Distt. Koriya for eviction of the petitioner from the disputed land, shall remain ineffective and the issue of possession shall be subject to final outcome of the judgment and decree passed by the civil court. 8. Accordingly both the petitions stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Bini