1 2025:CGHC:23099 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 130 of 2025 1 - Shri Rajesh Dani S/o Late Balasaheb Dani Aged About 56 Years R/o Danibada, Budhapara Raipur, Tahsil And District Raipur, Chhattisgarh ... Petitioner versus 1 - Bhau Singh Sahu S/o Late Madho Ram Sahu Aged About 55 Years R/o Village Dunda, Tehsil And District Raipur Chhattisgarh 2 - Gajadhar Sahu S/o Late Madho Ram Sahu Aged About 53 Years R/o Village Dunda, Tehsil And District Raipur Chhattisgarh 3 - Dhani Ram Sahu S/o Late Madho Ram Sahu Aged About 51 Years R/o Village Dunda, Tehsil And District Raipur Chhattisgarh 4 - The Board Of Revenue Bilaspur At Circuit Court Raipur, District Raipur Chhattisgarh 5 - The Commissioner Raipur, Division Raipur, District Raipur Chhattisgarh 6 - The Collector Raipur, District Raipur Chhattisgarh 7 - The Sub Divisional Officer (Rev.) Raipur, District Raipur Chhattisgarh 8 - The Tahsildar Tahsil Raipur, District Raipur Chhattisgarh ... Respondents Digitally signed by GOPAL SINGH Date: 2025.07.18 19:45:54 +0530 2 For Petitioner/Applicant : Shri Ankur Agrawal, Advocate For State : Ms. M. Asha, Panel Lawyer Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 11/06/2025 1. This review petition has been filed for review of order dated 28.4.2025 passed in WPC No.2061 of 2025. 2. The challenge made in the aforesaid writ petition is to the order dated 3.12.2024 passed by the Board of Revenue, Bilaspur, Circuit Court Raipur by which the Board of Revenue has dismissed the interim application for stay by a non- speaking order dated 3.12.2024. 3. A revenue revision was filed against the order dated 14.10.2024 passed by the Commissioner, Raipur Division by which mutation sought by the petitioner therein was rejected. The appeal was admitted stating that there are legal grounds to admit the revision, however, the stay application was wholly dismissed on the ground that the reason assigned in the stay application is not bona fide one. No reason was assigned as to whole as it was not bona fide. No discussion whatsoever has been made for rejection of the stay application, as such considering the aforesaid aspect of the matter, this Court has passed the following order. The operative part of the order dated 28.4.2025 is as follows: 3 “5. ….. The order passed by the Board of Revenue is contrary to his own observation. Without arising any reasonable and speaking order stay application has been dismissed. Hence, the impugned order rejecting the stay application is quashed and till the disposal of the revision before the Board of Revenue the impugned order dated 14.10.2024 passed by the Commissioner, Raipur Division is hereby quashed and, in turn, the Commissioner Raipur Division is directed to pass a reasoned and speaking order in respect of interim application filed by the petitioner.” 4. Learned counsel for the petitioner submits that the order dated 3.12.2024 passed by the Board of Revenue was under challenge, however, due to inadvertent mistake order dated 14.10.2024 passed by the Commissioner, Raipur Division was quashed and the commissioner, Raipur Division was directed to pass a reasoned and speaking order in respect of interim application filed by the petitioner, as such the review petition has been filed to correct the aforesaid inadvertent mistake. Though learned counsel for the petitioner/applicant has urged various other grounds also which cannot be decided in the review application. The powers to decide a review application are limited one. Time and again, the Hon’ble Supreme Court as well as this Court have held that while exercising power under review jurisdiction, the power of appellate Court cannot be exercised. 5. On the aforesaid premises, the review application filed by the petitioner/applicant in respect of correction regarding order 4 dated 14.10.2024 is considered and necessary correction is made in the following manner: In place of – “the impugned order dated 14.10.2024 passed by the Commissioner, Raipur Division is hereby quashed and, in turn, the Commissioner, Raipur Division is directed to pass a reasoned and speaking order in respect of the interim application filed by the petitioner”, the following may be read: “the impugned order dated 3.12.2024 passed by the Board of Revenue, Bilaspur, Circuit Court Raipur is hereby quashed and, in turn, the Board of Revenue, Chhattisgarh, Bilaspur, Circuit Court Raipur is directed to pass a reasoned and speaking order in respect of the interim application filed by the petitioner.” The aforesaid be read along with the order dated 28.4.2025. 6. With the aforesaid observations and directions, the review petition is allowed in part. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh