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2025 DAILYLAW 24983 (CHH)

BHUNESHWAR SAHU v. STATE OF CHHATTISGARH

REVP/132/2025 · 2025-06-09

Shri Bibhu Datta Guru

Review Petitionbody2025

Judgment text

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1 2025:CGHC:22901 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 132 of 2025 1 - Bhuneshwar Sahu S/o Sakharam Aged About 56 Years R/o Mahavir Ward, Bhatapara, Tahsil Bhatapara, District Balodabazar Bhatapara Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Collector, District Baloda Bazar Bhatapara Chhattisgarh 2 - The Sub Divisional Officer (Revenue) Bhatapara, District Balodabazar Bhatapara Chhattisgarh 3 - Tahsildar Bhatapara, District Balodabazar Bhatapara Chhattisgarh 4 - Baisakhin Bai Wd/o Pitambar Sahu Aged About 70 Years Bajrang Ward, Bhatapara District Balodabazar Bhatapara Chhattisgarh 5 - Himanshu Sahu D/o Chandra Kumar Sahu Aged About 23 Years R/o Village Parsada, Tahsil Tilda, District Raipur Chhattisgarh 6 - Shushma Sahu D/o Chandra Kumar Sahu Aged About 21 Years R/o Village Parsada, Tahsil Tilda, District Raipur Chhattisgarh ... Respondent(s) AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.06.10 17:42:14 +0530 2 For Petitioner Mr. Ankur Diwan, Advocate and Mr. Vikhyat Arora, Advocate. For Respondent/State Mr. U.K.S. Chandel, Dy. A.G. For Respondent Nos.5 & 6 Mr. B.S. Rajput, Advocate. (Cause title taken from CIS) Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 10.06.2025 1. The review petitioner(respondent No.5 in writ petition) seeks review of the order dated 28/04/2025 passed in WPC No.1644/2025. 2. Learned counsel for the review petitioner would submit that though there are proceedings of SA No.507/2024 arising out of the same dispute is pending before this Court, but the said fact has not been brought to the notice of this Court by the writ petitioners/respondent Nos.5 & 6 herein. He would submit that the review petitioner apprised about the said fact to the Tahsildar and despite the said fact, the Tahsildar is proceeding to decide the mutation application dated 17/07/2020 filed by the writ petitioner. The Tahsildar ignored the fact regarding pendency of Second Appeal before this Court. 3. At this juncture, learned counsel for the State would submit that if the issue involved herein is under challenge before any higher forum, the Tahsildar will consider the same and proceed in accordance with law. 3 4. I have heard learned counsel for the parties and perused the pleadings and documents. 5. Considering the submission made by the learned counsel for the State, the review petition is disposed of reserving liberty in favour of the review petitioner to file an appropriate application before the Tahsildar apprising pendency of any litigation before the higher forum and if any interim order is in his favour. In case of filing of such application before the Tahsildar, the Tahsildar shall pass appropriate order on the mutation application dated 17/07/2020 filed by the writ petitioner, in accordance with law and on its own merits within further period of 45 days from the date of receipt of a copy of this order. 6. The review petitioner shall apprise the Tahsildar about the order of this Court. 7. Accordingly, the review petition is disposed of. SD/- (Bibhu Datta Guru) Judge Gowri/ Amardeep