1 2025:CGHC:18661 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2374 of 2020  Sanat Patel S/o Vishram Patel Aged About 46 Years Resident Of Village Darba , Tahsil Arang, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through Collector Raipur , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2. Upper Collector Raipur , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3. Sub Divisional Officer (Revenue) Arang, Tahsil Arang, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4. Naib Tahsildar Mandir Hasaud, Tahsil Arang, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Respondent(s) For Petitioner : Mr. A.D. Kuldeep, Advocate For Respondents/ State : Mr. Shubham Bajpai, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 24-04-2025 1) By way of this petition, petitioner has sought following relief(s):- 10.1 That, the Hon'ble Court may kindly be pleased to call for the entire record of the respondent no. 4 for kind perusal. 10.2 That, the Hon'ble Court may kindly be pleased 2 to set-aside the impugned order dated 06.07.2020 (Annexure P-1), in the interest of justice. 10.3 That, the Hon'ble Court may kindly be pleased to issue the writ order or direction to the respondents to register the name of the petitioner on the land as declared the Bhumiswami by learned trial Court vide judgment and decree dated 23.08.2017 (Annexure P-2) on the revenue record, and be issued the Rin Pustika in favour of the petitioner, in the interest of justice. 10.4 That, the Hon'ble Court may kindly be pleased to issue any other writ or writs/ order or orders/direction or directions which the Hon'ble Court deemed fit and proper in the interest of justice. 2) Learned counsel for the petitioner submits that petitioner filed suit for declaration of title, possession and permanent injunction pertaining to land bearing Khasra No. 936 ad-measuring 1.11 hectare out of total 72.77 hectare situated at P.H. No. 75/22 Tahsil Arang, District- Raipur (C.G.). He further submits that the suit was decreed vide judgment and decree dated 23 08.2017 but when the petitioner moved application for mutation before the Naib Tehsildar, Mandir Hasaud, it was rejected vide order dated 06.07.2020 on the ground that subject land is government land. He prays to set-aside the order passed by the Naib Tehsildar, Mandir Hasaud and a direction may be issued to the authority concerned to pass order of mutation in favor of petitioner. 3) On the other hand, learned State counsel submits that the subject land is grassland and it cannot be mutated in the name of petitioner. He further submits that order is appealable according to the provisions of Section 44 of the Chhattisgarh Land Revenue Code, 1959. 4) Heard. 5) Taking into consideration the disputed question of facts involved in the 3 present case and further that order impugned is appealable as per Section 44 of the Code, 1959, therefore, in the opinion of this Court, this petition is not maintainable. 6) Consequently, this petition fails and is hereby dismissed. However, petitioner would be at liberty to avail the remedy available under law. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya