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2025 DAILYLAW 21608 (CHH)

MANGAL SINGH v. STATE OF CHHATTISGARH

WPC/2364/2025 · 2025-05-07

Shri Amitendra Kishore Prasad

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1 2025:CGHC:21204 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2364 of 2025 1 - Mangal Singh S/o Late Nanki Aged About 56 Years Caste - Manjhwar, R/o Village Godhi, Tahsil And District - Korba Chhattisgarh 2 - Dhirsai S/o Late Nanki Aged About 53 Years Caste - Manjhwar, R/o Village Godhi, Tahsil And District - Korba Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Additional Collector, Korba, District - Korba Chhattisgarh 2 - The Sub-Divisional Officer (Revenue) Korba, District - Korba Chhattisgarh 3 - Smt. Mamta Singh W/o Indrajeet Singh Aged About 52 Years Caste Gond, R/o Bhadrapara, Balco Nagar, Tahsil And District - Korba Chhattisgarh 4 - Chandramani Bhaina S/o Battu Lal Bhaina Aged About 58 Years Caste - Bhaina, R/o Jamnipali, Tahsil - Katghora, District - Korba Chhattisgarh 5 - Smt. Dujbai W/o Gopal Singh Aged About 48 Years Caste - Kanwar, R/o Village - Chhirhut, Gopalpur, Tahsil - Katghora, District - Korba Chhattisgarh 6 - Jeevan Lal Yadav S/o Lakhan Lal Yadav Aged About 46 Years R/o Village - Podibahar, Korba, Tahsil And District - Korba Chhattisgarh 7 - Sapuran Singh S/o Ramsingh Aged About 38 Years Caste - Binjhwar, R/o Village - Hardikala, Gam Panchayat, Kesla, Tahsil - Katghora, District - Korba Chhattisgarh ... Respondent(s) For Petitioner : Mr. Krishna Kumar Dewangan, Advocate For State : Ms. Anuja Sharma, Panel Lawyer SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 08/05/2025 1. Learned State counsel raises an objection regarding maintainablity of this writ petition submits that the order has been passed under Section 170-B of the Chhattisgarh Land Revenue Code, 1959 by the Sub- Digitally signed by SHAYNA KADRI 2 Divisional Officer (Revenue), Korba on 10.04.2023 and subsequently, Additional Collector, Korba has passed an order on 14.11.2024 setting aside the order of Sub-Divisional Officer (Revenue), Korba in an appeal filed by respondents therein. It is further submitted that the petitioner has approached this Court directly without availing the remedy of revision before the Commissioner as provided under the statutory scheme. 2. On the other hand, learned counsel for the petitioner, in view of the above objection, seeks permission to withdraw this writ petition with liberty to file a revision before the competent authority. However, considering the urgency of the matter, he prays that interim protection may be granted so that no coercive action is taken in the meantime. 3. I have heard learned counsel for the respective parties and also perused the documents annexed along with the record. 4. In view of the submissions made, the writ petition is dismissed as withdrawn with liberty to the petitioner to file a revision before the Commissioner within 10 days. 5. It is further directed that the effect and operation of the order dated 14.11.2024 passed by the Additional Collector, Korba, shall remain stayed till the filing of the revision before the competent authority, and in turn, the concerned authority is directed to decide the revision filed by the petitioner within a period of 30 days. 6. Office is directed to return back certified copies of the documents while retaining photocopies of the same. Sd/- (Amitendra Kishore Prasad) Shayna JUDGE