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2025 DAILYLAW 20039 (CHH)

MOHANLAL v. STATE OF CHHATTISGARH

WPC/2934/2021 · 2025-03-28

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:15128 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2934 of 2021 1 - Mohanlal S/o Late Hulal Singh Aged About 70 Years R/o Village Ranigaon, Tahsil Nagri, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Collector, Dhamtari, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh 2 - The Naib Tahsildar Nagri, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh 3 - Gram Panchayat Ranigaon Through Its Secretary, Block Nagri, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh ---- Respondents For Petitioner : None appears even in the second round For State : Mr.Prateek Tiwari, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 28.03.2025 1. The petitioner has filed this petition seeking the following relief(s) : “10.1 That this Hon'ble Court may kindly be pleased to allow the present writ petition preferred by the petitioner and call for the records pertaining to the present case. 10.2 That this Hon'ble Court may kindly be pleased to issue an appropriate writ/order, thereby setting-aside the order of transfer of pond in question (Annexure P/1) and further be pleased to revert the pond comprised in khasra no. 179 admeasuring area 0.86 hectare situated at Village Ranigaon, P.H.No. 95, Tahsil-Nagri, District- Dhamtari (C.G.) in the name of petitioner. 10.3 That any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of the petition may be given.” REKHA SINGH Digitally signed by REKHA SINGH -2- 2. The facts of the present case are that a pond comprised in Survey No.179 admeasuring area 0.86 hectare situated at Village Ranigaon, Patwari Circle No.95 Tehsil Nagri, District Dhamtari (C.G.) was recorded in the name of Itwari, grandfather of the present petitioner. An application was moved by the Gram Panchayat to handover the aforesaid pond to the Gram Panchayat for Nistar. The Tehsildar registered a revenue case and passed an order in favour of the Gram Panchayat. It is stated that the Tehsildar passed an order without affording any opportunity of hearing to the petitioner. The petitioner has challenged the decision taken by the revenue authorities. 3. Mr. Tiwari, the learned Panel Lawyer appearing for the State/respondents would submit that the order, if any passed by the Tehsildar is appealable before the Sub Divisional Officer and therefore, the present petition is not maintainable. 4. Heard Mr. Tiwari, the learned Panel Lawyer appearing for the State/respondents and perused the documents placed on the record. 5. Taking into consideration the fact that the petitioner may raise all available grounds by filing an appeal before the appropriate authority according to the provisions of the Land Revenue Code, 1959, in the opinion of this Court, no case is made out for interference. Consequently, the present petition fails and is hereby dismissed at the admission stage. Sd/- (Rakesh Mohan Pandey) Judge Rekha