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2025 DAILYLAW 22377 (CHH)

RAVIBHUSHAN PATEL v. VIJAY SHANKAR PATEL

WPC/2533/2022 · 2025-03-25

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:14248 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2533 of 2022 1 - Ravibhushan Patel S/o Late Kanhaiya Lal Patel Aged About 64 Years R/o Village Sangitarai, At Present Darogapara, Tahsil And District Raigarh, Civil And Revenue District Raigarh Chhattisgarh. 2 - Bhagwati Patel S/o Patel Kanhaiya Lal Patel Aged About 62 Years R/o Village Sangitarai, At Present Darogapara, Tahsil And District Raigarh Chhattisgarh. ... Petitioners versus 1 - Vijay Shankar Patel S/o Late Baldeo Singh Patel Aged About 65 Years R/o Village Sangitarai, Tahsil And District Raigarh Chhattisgarh. 2 - Vijay Lal @ Keshav Prasad S/o Late Chandan Singh Patel Aged About 55 Years R/o Village Sangitarai, Tahsil And District Raigarh Chhattisgarh. 3 - Girdhari S/o Late Chhote Dau R/o Village Sangitarai, Tahsil And District Raigarh Chhattisgarh. 4 - Chandramni D/o Trilochan Singh R/o Village Sangitarai, Tahsil And District Raigarh Chhattisgarh. 5 - Dataram @ Govind Ram S/o Trilochan Singh R/o Village Sangitarai, Tahsil And District Raigarh Chhattisgarh. 6 - Amrit Kunwar W/o Late Virendra Kumar R/o Chakardhar Nagar, Raigarh Tahsil And District Raigarh Chhattisgarh. 7 - Kunti Bai W/o Mahigal R/o Village Dolesara, Tahsil Tamnar District Raigarh Chhattisgarh. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.03.26 10:22:09 +0530 2 8 - Lalita W/o Shri Dorilal R/o Village Padigaon, Tahsil Pusaur, District Raigarh Chhattisgarh. 9 - Rajesh Kumar S/o Late Virendra Kumar R/o Chakardhar Nagar, Raigarh Tahsil And District Raigarh Chhattisgarh. 10 - Dinesh Patel S/o Late Virendra Kumar R/o Village Chakardhar Nagar, Raigarh Tahsil And District Raigarh Chhattisgarh. 11 - Meena Patel W/o Bodhiram R/o Janak Hospital Kosamnara, Raigarh Tahsil And District Raigarh Chhattisgarh. 12 - Padman S/o Heeralal R/o Village Bahama, Tahsil Lailunga District Raigarh Chhattisgarh. 13 - Laxmi Prasad S/o Heeralal R/o Pathalgaon, Jashpur Road, Tahsil Pathalgaon, District Jashpur Chhattisgarh. 14 - Chandrakala W/o Late Muniram R/o Village Gidola Tahsil Kharsia, District Raigarh Chhattisgarh. 15 - Satyabhama W/o Shri Mohan Patel R/o Village Kosmanda, Tahsil Pusaur, District Raigarh Chhattisgarh. 16 - Nandlal S/o Mahigal Singh R/o Village Bahama, Tahsil Lailunga District Raigarh Chhattisgarh. 17 - Jugal Kishore S/o Paitram R/o Darogapara, Patelpara, Tahsil And District Raigarh Chhattisgarh. 18 - Purandhar S/o Shri Nirmal Singh R/o Village Bahama, Tahsil Lailunga , District Raigarh Chhattisgarh. 19 - Devendra Patel S/o Nakul R/o Village Bahama, Tahsil Lailunga, District Raigarh Chhattisgarh. 20 - Shashi W/o Baidhnath R/o Village Dhanagar, Tahsil And District Raigarh Chhattisgarh. 21 - State Of Chhattisgarh Through Collector Raigarh , District Raigarh Chhattisgarh. 22 - The Additional Commissioner Bilaspur Division, Camp Raigarh District Raigarh Chhattisgarh. 23 - The Sub Divisional Officer (R) Raigarh District Raigarh Chhattisgarh. 24 - The Tahsildar Pusour District Raigarh Chhattisgarh. 3 25 - The Board Of Revenue Bilaspur District Bilaspur Chhattisgarh. ... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Manoj Kumar Sinha, Advocate For Respondents-State : Ms. Upasana Mehta, Dy. Govt. Advocate Hon'ble Shri Amitendra Kishore Prasad, Judge Order on Board 25.03.2025 1. Heard Mr. Manoj Kumar Sinha, learned counsel for the petitioners. Also heard Ms. Upasana Mehta, learned Deputy Government Advocate, appearing for the State. 2. The petitioners have filed this writ petition seeking following reliefs:- “10.1 That the Hon'ble Court be pleased to call for the entire records of the petitioner case. 10.2 That the Hon'ble court be further pleased to quash the impugned mutation proceedings dated 29.03.2022 (Ann.P/1) passed by the Tahsildar Pusour Distt. Raigarh as it is not according the law. 10.3 That the Hon'ble court be further pleased to direct the Respondents to maintain status qua with respect of the property situated in the village Sahdeopali Distt. Raigarh. 10.4 Any other order that the Hon'ble Court deems fit and necessary in the circumstances 4 of the case be also passed. 10.5 That the cost of the petition be also awarded to the petitioner.” 3. Learned counsel for the petitioners submits that during the pendency of this writ petition, a civil suit has been filed, as such, the relief(s) claimed by the petitioners can be very well agitated in the Civil Court, therefore, he is seeking permission of this Court to pursue the remedy before the jurisdictional Civil Court. 4. Learned State counsel endorses the said submission of learned counsel for the petitioners. 5. In that view of the matter considering the submissions made by learned counsel for the petitioners, instant petition is dismissed as having rendered infructuous. However, the petitioners are at liberty to pursue their grievance before the jurisdictional Civil Court. Sd/-/- /- (Amitendra Kishore Prasad) Judge Yogesh