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2025 DAILYLAW 26207 (CHH)

ASARU v. STATE OF CHHATTISGARH

WPC/3011/2022 · 2025-05-06

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:20976 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3011 of 2022 1 - Asaru S/o Mohan Aged About 61 Years R/o Village - Bhanwar, Tahsil Sann, District Jashpur Chhattisgarh. 2 - Bajrang S/o Mohan Aged About 56 Years R/o Village - Bhanwar, Tahsil Sanna, District Jashpur Chhattisgarh. 3 - Sastu S/o Mohan Aged About 51 Years R/o Village - Bhanwar, Tahsil Sanna, District Jashpur Chhattisgarh. 4 - Sikhan S/o Mohan Aged About 49 Years R/o Village - Bhanwar, Tahsil Sanna, District Jashpur Chhattisgarh. 5 - Ramdhani S/o Mohan Aged About 45 Years R/o Village - Bhanwar, Tahsil Sanna, District Jashpur Chhattisgarh. ... Petitioners versus 1 - State Of Chhattisgarh Through Its Secretary Department Of Revenue And Disaster Management, Secretariat At Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh. 2 - Chhattisgarh Board Of Revenue, Through Its Secretary, Bilaspur, District - Bilaspur Chhattisgarh. 3 - Commissioner (Revenue), Ambikapur Division-Surguja, District - Surguja Chhattisgarh 4 - Sub Divisional Officer (Revenue), Bagicha, Tahsil - Bagicha, District Jashpur Chhattisgarh. 5 - Tahsildar, Bagicha, Tahsil Bagicha, District Jashpur Chhattisgarh. 6 - Tahsildar, Sanna, Tahsil - Sanna District - Jashpur Chhattisgarh. 7 - Ajit S/o Pitrus, R/o Village - Bhanwar, Tahsil Sanna, District Jashpur Chhattisgarh. ... Respondents (Cause-title taken from Case Information System) YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.05.08 11:47:46 +0530 2 For Petitioners : Mr. Shiv Sewak, Advocate on behalf of Mr. Jai Prakash Shukla, Advocate For Respondents No.1 to 6 : Mr. Khulesh Sahu, Panel Lawyer For Respondent No.7 : Mr. C. Jayant K. Rao, Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 07.05.2025 1 Heard Mr. Shiv Sewak, learned counsel on behalf of Mr. Jai Prakash Shukla, learned counsel for the petitioners as well as Mr. Khulesh Sahu, learned Panel Lawyer appearing for the State/respondents No.1 to 6 and Mr. C. Jayant K. Rao, learned counsel for respondent No.7. 2 The petitioners have filed the instant petition with the following relief(s):- “10.1 That this Hon'ble Court may kindly be pleased to direct the respondent authorities to call the entire records pertaining to this case. 10.2. That the Hon'ble Court may kindly be pleased to issue writ in the nature of certiorari, prohibition and mandamus, thereby to quash the impugned order dated 10-08-2021, two order passed on dated 22-06-2022 (filed collectively as Annexure P/1) after declaring it unconstitutional, illegal and arbitrary. 10.3 Hon'ble court may kindly further be pleased to direct the respondent authorities not to execute the order dated 10-08-2021 (part of Annexure P/1), till pendency of the mutation proceedings of the petitioners, and further to prohibit the respondent authorities from vacating the house constructed by petitioners on the disputed land, in which they are residing and 3 further to pass any order which deems fit including cost of the petition in the interest of Justice.” 3 Learned counsel for the petitioners submits that against an order of Commissioner, the petitioners have already preferred a revision before the Board of Revenue, which is pending consideration. He further submits that the petitioners have also moved an application under Section 52 of the Land Revenue Code, 1959 (for short, ‘Code, 1959’) for grant of interim relief, as such, he prayed that till the decision on the application for grant of stay, the order which has been passed by this Court on 07.07.2022 may be directed to be in force. 4 Considering the overall facts and circumstances of the case, it is directed that the status quo as directed by this Court vide order dated 07.07.2022 would be in operative till the decision on the application for grant of interim relief filed by the petitioners under Section 52 of the Code, 1959. 5 With the aforesaid observation/direction, instant petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Yogesh