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2025:CGHC:26804 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1714 of 2020 Jayram Rathiya S/o Late Buduram Rathiya, Aged About 52 Years R/o Village Libra, Tehsil - Tamnar District - Raigarh Chhattisgarh. --- Petitioner versus 1 - State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Management Mahanadi Bhawan New Raipur District - Raipur Chhattisgarh.,
District
:
Raipur,
Chhattisgarh 2 - Collector Raigarh, District - Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh 3 - Sub - Divisional Officer (Revenue) Cum -Land Acquisition Officer Gharghoda District - Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh 4 - Asap Kumar Shatial S/o Nirdosh Bara Urao, R/o Village Salihabhata Police Station And Tahsil Tamnar, District - Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh 5 - D.K. Bhargav, Senior Manager, Jindal Power Limited, Tamnar, Police Station And Tahsil Tamnar District - Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh. --- Respondent(s) WPC No. 1758 of 2020 Jayram Rathiya S/o Late Buduram Rathiya, Aged About 52 Years R/o Village Libra, Tehsil Tamnar District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh. ---Petitioner Versus 1 - State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Management Mahanadi Bhawan, New Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh Digitally signed by NADIM MOHLE
2 2 - Collector Raigarh, District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh 3 - Sub Divisional Officer (Revenue) Cum-Land Acquisition Officer, Gharghoda District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh 4 - Asap Kumar Shatial S/o Bara Urao, R/o Village Salihabhata P.S. And Tahsil Tamnar, District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh 5 - D.K. Bhargav, Senior Manager, Jindal Power Limited, Tamnar, P.S. And Tahsil Tamnar, District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh
--- Respondent(s) For Petitioner : Mr. Ayush Lal & Ms. Apoorva Nigam, Advocates on behalf of Mr. Surfaraj Khan, Advocate For State : Mr. Topi Lal Bareth, Panel Lawyer
Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 23.06.2025 1) Mr. Topi Lal Bareth, learned Panel Lawyer appearing for the State, submits that the petitioner has challenged the order passed by the Collector, Raigarh, whereby the appeals preferred under Section 44(1) of the Chhattisgarh Land Revenue Code, 1959 (for short, CGLRC) against the order passed by the Sub-Divisional Officer (Revenue) [SDO(R)] in an application under Section 170-B of the CGLRC has partly been allowed.
He further submits that as against the order dated 26.02.2018, a revision under Section 50 of the CGLRC would lie before the Commissioner, the present writ petitions are not maintainable. 2) Learned counsel for the petitioner would argue that the SDO(R) and the Collector have committed an error of law in dismissing the case of the petitioner, and while passing the impugned orders, sufficient opportunities have not been afforded. 3 3) Taking into consideration the fact that the impugned order, passed by the Collector, Raigarh is revisable under Section 50 of the CGLRC, these petitions are not maintainable and are accordingly dismissed. 4) However, liberty is reserved in favour of the petitioner to prefer a duly constituted revision petition before the competent authority, in accordance with law, if so advised. 5) Certified copy, if any, be returned to the petitioner, after retaining its xerox copy. Sd/- (Rakesh Mohan Pandey) Judge Nadim