1 2025:CGHC:27178 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3123 of 2025 1 - Ajay Kumar S/o Bund Ram Patel Aged About 42 Years R/o Village Chhote Devgaon, Tahsil Kharsia, Distrfict Raigarh Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue, Disasrer Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh 2 - Collector, Raigarh Chhattisgarh 3 - Sub Divisional Officer (R) Kharsia, District Raigarh Chhattisgarh 4 - Tahsildar, Tahsil Kharsia, District Raigarh Chhattisgarh ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Jeet Ram Patel, Advocate For Respondent-State : Ms. Akanksha Verma Dabhaker, P.L. Hon’ble Shri Arvind Kumar Verma Order on Board 24/06/2025 1. The present writ petition has been filed by the petitioner seeking following reliefs:- (a) That, this Hon’ble Court may kindly be pleased to quqash the impugned order 04.07.2024, in the interest of justice. (b) That, this Hon’ble Court may kindly be pleased to direct the respondent no. 4 to reopen the petitioner case that is Revenue Case No. 202110041400055/2021-22 and transferred to the appropriate court for end of justice, in the interest of justice. 2 (b)that, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of the petition may be given. 2. The matter in brief is such that respondent no. 4 that is the Tahsildar Kharsia, District Raigarh, Chhattisgarh has closed the proceeding and the record has been sent to the record room, in the petitioner application under Section 115 and 116 of the Chhattisgarh Land Revenue Code, for correction of wrong or incorrect entry in land record, which was pending since 2021, before the respondent no. 4 mentioning that the power of Section 115 of CGLRC has been conferred to the Sub Divisional Officer (Revenue) and due to no power of such court, the case was disposed and file sent to the record room. 3. Learned counsel for the petitioner submits that during the pendency of the case, due to new amendment in CG Land Revenue Code, the power of hearing under Section 115 of CGLRC conferred to the Sub Divisional Office (Revenue) therefore the Tahsildar has transferred the matter before the SDO(Revenue) for proper adjudication and the matter of the petitioner has been closed by the respondent No. 4 Tahsildar. He submits that under Section 29 and 30 of the CGLRC, whenever it appears to the revenue officers for the expedient ends of justice, it may direct that any particular case be transferred from one Revenue Officer to another of equal or superior rank in the same district or any other district. At the time of filing of application under Section 115 and 116 of CGLRC was in existence and the power of hearing was 3 conferred to the Tahsildar and now after closing the proceedings just after 15 days that power has been again conferred to the Tahsildar. 4. Learned counsel for the petitioner further submits that before passing such order, the respondent no. 4 has not given opportunity of hearing to the petitioner and the respondent no. 4 has wrongly closed the case of the petitioner, whereas he was seeking recommendation or transfer his case to higher authority. 5. Per contra, learned counsel for the respondents opposes the prayer made by the learned counsel for the petitioner. 6. Heard learned counsel for the respective parties and perused the record with utmost circumspection. 7. On bare perusal of the record, this court finds that petitioner has filed application under Section 115 and 116 of the Chhattisgarh Land Revenue Code on 07.10.2021, at that time, the power was vested in the hands of Tehsildar and Nayab Tehsildar. During the pendency of the application, the State Government has amended the Land Revenue Code on 04th of May, 2022 and power under section 115 has been vested to the SDO (Revenue) thereafter, the Nayab Tehsildar, Kharsia, District Raigarh has sent file to the SDO(Revenue). Again during the pendency of the application under Section 115 and 116, the Section has again been amended on 19th July, 2024 bearing No. F-11-9/2024/7 by the State and the power has been vested in the hands of Tahsildar under Section 115 but Nayab Tehsildar, Kharsia, on 04th of July 2024 consigned 4 the file. 8. Looking to the facts and circumstances of the case, the case is remanded back to the Tehsildar, Kharsia, District Raigarh to decide the application of the petitioner filed under Section 115 and 116 of the Chhattisgarh Land Revenue Code on merits. 9. Accordingly, the present writ petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti