1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 615 of 2018  Smt. Gomti W/o Uday Ram Aged About 40 Years R/o Pakargaon, Tahsil Pathalgaon, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh ... Petitioner(s) versus 1. Rijhan S/o Jagto, Aged About 48 Years R/o Pakargaon, Tahsil Pathalgaon, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh 2. Diwan S/o Jagto, Aged About 51 Years R/o Pakargaon, Tahsil Pathalgaon, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh 3. Balkeshwar S/o Matwar, Aged About 47 Years R/o Pakargaon, Tahsil Pathalgaon, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh 4. Khuleshwar, S/o Tankadhar, Aged About 45 Years R/o Pakargaon, Tahsil Pathalgaon, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh 5. State Of Chhattisgarh, Through Tahsildar, Pathalgaon, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : Mr. Ravindra Sharma, Advocate For Respondents No. 1 to 3 : Ms. Priyanka Rai, Advocate holding the brief of Mr. Jitendra Shrivastava, Advocate For State/Respondent No. 5 : Ms. Shailja Shukla, Dy. Government Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 02. 04.2025 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1 It is therefore prayed that this Hon’ble Court may kindly be pleased to issue a writ of CERTIORARI quashing the order dated 17.04.2018 passed by the learned executing court. 10.2 It is therefore prayed that the record of executing court may be call for disposal of the instant petition. SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.04.03 13:42:31 +0530 2 10.3 That, this Hon’ble Court may kindly be pleased to issue any writ or order of direction as deem fit in the interest of justice.” 2. Learned counsel for the petitioner would submit that on the basis of the report submitted by the Patwari, Circle No. 19, a proceeding under Section 170B of the C.G. Land Revenue Code, 1959 (for short “Code, 1959”) was initiated by the Sub-Divisional Officer (Revenue), Pathalgaon pertaining to survey No. 604, 680, 682 total admeasuring 0.943 hectares. He would further submit that an order was passed by the SDO (R) in favour of the petitioner on 17.07.2015. He would also submit that respondents No. 1 to 3 challenged the said order by filing a revision before the Commissioner, Surguja Division. He would contend that an objection was raised with regard to the maintainability of the revision and the same was rejected vide order dated 17.04.2018. Against that order, this writ petition has been preferred. He would further contend that the order passed by the Sub- Divisional Officer (Revenue), Pathalgaon under the provisions of Section 170 B of the Code, 1959, is appealable before the Collector and the revision would not lie against the said order. 3. On the other hand, learned counsels appearing for the respondents would oppose. 4. Heard. 5. Taking into consideration the fact that the order passed by the Sub- Divisional Officer (Revenue), Pathalgaon in a proceeding under Section 170 B of Code, 1959 is appealable before the Collector and a revision is not maintainable; therefore, the order passed by the Commissioner, Surguja Division dated 17.04.2018 is hereby set-aside and the objection raised by the petitioner before the Commissioner, Surguja Division is hereby allowed. However, respondents No. 1 to 3 would be at liberty to 3 avail the remedy available under the law. Sd/- (Rakesh Mohan Pandey) Judge $iddhant