1 2025:CGHC:14906 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1619 of 2025 1 - Ravindra Sharma S/o Shri Kalidas Sharma Aged About 52 Years R/o Village- Adhari, Nawagaon, Tehsil And District- Dhamtari, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District- Raipur (C.G.). 2 - Board Of Revenue Chhattisgarh, Circuit Court Raipur, District- Raipur, Chhattisgarh. 3 - Upper Commissioner Raipur Division, Raipur, District-Raipur, Chhattisgarh. 4 - Sub-Divisional Officer (Revenue) Dhamtari, District- Dhamtari, Chhattisgarh. Digitally signed by RAGHVENDRA JAT 2 5 - Commissioner Municipal Corporation, Dhamtari District- Dhamtari, Chhattisgarh. 6 - Dashodabai W/o Harakhram Sahu Aged About 75 Years R/o Village- Belaundi, Tehsil Gundardehi, District- Balod, Chhattisgarh. 7 - Balkrishna Chitalia S/o Nitin Chitalia Aged About 32 Years R/o Gujrati Colony, Dhamtari, Tehsil And District- Dhamtari, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Mahendra Dubey, Advocate. For Respondent/State : Mr. Khulesh Sahu, Advocate. For Respondent(s) No. 5. : Mr. Pankaj Agrawal, Advocate along with Mr. Rakshit Tiwari, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 27/03/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 This Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction setting-aside the impugned order dated 13/02/2024 and order dated 17/10/2023 being against the interest of justice, irrational, arbitrary, and too harsh and further may kindly be pleased to allow the Application (Annexure-P/3) and 3 pass appropriate order remanding the case to the learned Upper Commissioner, Raipur, Chhattisgarh in the interest of justice. 10.2 This Hon'ble Court may kindly be pleased to pass any other order which may deem fit and proper under the facts and circumstances.” 2. Brief facts of the case, is that this petition is directed against the impugned order dated 13.02.2024 passed by the Board of Revenue, Circuit Court, Raipur, District- Raipur, Chhattisgarh in Case no. m/Vividh/04/R/A-6/04/2024 whereby an application preferred by the petitioner under section 35 (4) read with Section 32 of Chhattisgarh Land Revenue Code, 1959 against the order dated 17.10.2023 passed by the Upper Commissioner, Raipur Division, Raipur, District- Raipur, Chhattisgarh in Revenue Case No. 235/A-6/2022-2023 has been summarily dismissed the application for restoration and the appeal for restoration of the case without appreciating the facts and circumstances of case that the learned Upper Commissioner has dismissed the case of the petitioner for reason of non appearance of the advocate without entering into the merits of the case. 3. Learned counsel for the petitioner submits that he has filed this petition seeking indulgence of this Court in a matter where his application for restoration has been dismissed in a case for 4 dismissal on the ground of want of prosecution. He further submits that infact it is the duty of the concerned Advocate to appear in this case, however, even after engaged by the petitioner due to non appearance this order has been passed. He is seeking a prayer as a last indulgence he may be granted an opportunity to file appropriate application before the concerned Upper Commissioner, Raipur, C.G.. He further submits that the case was dismissed by the Upper Commissioner, Raipur, C.G. for want of prosecution way back on 17.10.2023. Thereafter, restoration application was filed before the Board of Revenue, Circuit Court, Raipur, C.G., however, the same was also dismissed on 13.02.2024 as such he is praying that a last opportunity be given to the petitioner so that he may appear before the concerned authorities i.e. the Upper Commissioner, Raipur, C.G to argue the case on merits. 4. On the other hand learned counsel for the respondents opposes the same. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstance of the case, impugned orders dated 17.10.2023 and 13.02.2024 are hereby set aside. The Upper Commissioner, Raipur, C.G. is directed to hear the petitioner and to pass appropriate orders for restoration of the 5 Revenue Case No. 235/A-6/2022-23 and, in turn, the petitioner is directed to appear before the Upper Commissioner, Raipur, C.G. on 29th April, 2025 along with concerned Advocate so that it may proceed further for deciding the case it on merits. If the petitioner fails to appear before the the Upper Commissioner, Raipur, C.G. the case will be dismissed, automatically. 7. Accordingly, the writ petition is allowed subject to depositing a cost of Rs. 1,000/- with High Court Bar Association, Bilaspur. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat