1 2025:CGHC:14249 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2989 of 2022 Shiv Prasad Sidar S/o Late Shri Devsai Sidar Aged About 45 Years Caste- Gond, Occupation- Agriculture, R/o Mohalla- Prem Nagar, Village- Patthalgaon, Tahsil- Patthalgaon, District Jashpur, Chhattisgarh ... Petitioner versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of Revenue, New Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh 2 - National Schedule Caste Schedule Tribe Commission Government Of India, Through Its Secretary, 6th Floor, Lok Nayak Bhawan, Khan Market, New Delhi 3 - Chhattisgarh State Schedule Caste Schedule Tribe Commission Through Its Secretary, Jal Vihar Colony- 06, Raipur, Chhattisgarh 4 - The Collector District Jashpur, Chhattisgarh 5 - The Superintendent Of Police District Jashpur, Chhattisgarh 6 - The Sub Divisional Officer (Revenue) Patthalgaon, District Jashpur, Chhattisgarh 7 - The Tahsildar Tahsil Patthalgaon, District Jashpur, Chhattisgarh 8 - The Station House Officer Police Station Patthalgaon, District Jashpur, Chhattisgarh 9 - Mahesh Kumar S/o Shri Ghanshyam Singh Gond Aged About 32 Years R/o Village- Patthalgaon, Tahsil- Patthalgaon, District Jashpur, Chhattisgarh {presently resided at : ward No.14, Purani Basti, in front of YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.03.26 10:22:07 +0530 2 Jagannath Mandir, Patthalgaon, Post Office-Patthalgaon, Nagar Panchayat Patthalgaon, Distt. Jashpur (C.G.)} 10 - Arun Agrawal S/o Shri Satyanarayan Agrawal Aged About 50 Years Occupation Business, R/o In Front Of Police Station- Patthalgaon, Tahsil- Patthalgaon, District Jashpur, Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. A.N. Bhakta, Advocate For Respondents-State : Mr. Satish Gupta, Govt. Advocate Hon'ble Shri Amitendra Kishore Prasad, Judge Order on Board 25.03.2025 1 Heard Mr. A.N. Bhakta, learned counsel for the petitioner. Also heard Mr. Satish Gupta, learned Government Advocate, appearing for the State. 2 The petitioner has filed this writ petition seeking following reliefs:- “10.1 That the Hon'ble Court may kindly be pleased to call for the entire records of the case from the authorities concerned for its kind perusal. 10.2 That the Hon'ble Court may kindly be pleased to direct the Respondent authorities to initiate appropriate proceeding U/s. 170(B) of the Chhattisgarh Land Revenue Code, 1959, against the Respondents No.09 (Mahesh Kumar) and 10 (Arun Agrawal) and return back the agricultural land bearing Khasra No. 702/1, rakba 0.335 hectare and 702/3 rakba 0.008 hectare to the petitioner's 3 family within stipulated period. 10.3 That the Hon'ble Court may kindly be pleased to direct the Respondent No.04 (Collector Jashpur) & 06 (SDO Rev. Patthalgaon) to decide the pending representations submitted by the petitioner within stipulated period, in the interest of justice. 10.4 Any other relief, which this Hon'ble High Court deems fit and proper be also awarded.” 3 Learned counsel for the petitioner submits that the land of the petitioner has been fraudulently acquired by respondent No.10, as such, he has moved an application under Section 170-B of the Chhattisgarh Land Revenue Code, 1959 (for short, the Code, 1959’), which is pending consideration before the jurisdictional Civil Court, however, concerned Sub Divisional Officer (Revenue), Patthalgaon, District Jashpur has not taken any steps and according to the petitioner, till date, the application is still pending before the concerned authority. 4 On the other hand, learned State counsel has submitted that no such application as prescribed under Section 170-B of the Code, 1959 has been filed by the petitioner and only some complaints have been filed by him to the different authorities, as such, the petitioner is under obligation to file appropriate application before the appropriate forum. 5 I have heard learned counsel for the parties and perused the 4 documents annexed with the writ petition. 6 From perusal of the documents annexed with the writ petition, it seems that the appropriate application has not been filed by the petitioner before the concerned Sub Divisional Officer (Revenue), Patthalgaon, District Jashpur who is the competent and prescribed authority to decide the application under Section 170-B of the Code, 1959. 7 In that view of the matter, the petitioner is granted liberty to file appropriate application under Section 170-B of the Code, 1959 before the Sub Divisional Officer (Revenue), Patthalgaon, District Jashpur in turn, the concerned Sub Divisional Officer (Revenue) is directed to consider the case of the petitioner and decide the same in accordance with law. 8 With the aforesaid observations/directions, instant writ petition is disposed of. 9 It is made clear that this Court has not expressed any opinion on the merits of the case. Sd/- /- (Amitendra Kishore Prasad) Judge Yogesh