1 / 3 2025:CGHC:35620 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3307 of 2025 1 - Sonsai Sahu S/o Late Shri Bisram Sahu Aged About 81 Years R/o Jamgaon, Nayapara, Tehsil- Abhanpur, District Durg, Chhattisgarh. 2 - Sonuram Sahu S/o Late Shri Bisram Sahu Aged About 75 Years R/o Jamgaon, Nayapara, Tehsil- Abhanpur, District Durg, Chhattisgarh. --- Petitioners versus 1 - State of Chhattisgarh Through Secretary, Department of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur, Chhattisgarh. 2 - Collector, Raipur District Raipur, Chhattisgarh. 3 - Sub-Divisional Officer (Revenue) Raipur, District Raipur, Chhattisgarh. 4 - Tehsildar Raipur, District Raipur, Chhattisgarh. 5 - Ganesh Kumar Nag (Social Worker/ Vigilant) --- Respondents For Petitioners : Mr. Surfaraj Khan, Advocate For Respondents /State : Mr. Satish Gupta, GA along with Mr. Saumitra Kehsarwani, PL For Intervener -Shri Thakur Ramchandra Swami Jaitu Sao Math : Mr. Lukesh Kumar Mishra, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 23/07/2025 ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.07.26 14:54:03 +0530 2 / 3 1. The instant petition has been filed against the order dated 26/05/2025 (Annexure P/1) and order dated 13/05/2025 (Annexure P/2) passed by the office of Sub-Divisional Officer (Revenue), Raipur whereby the learned SDO (R) , Raipur has granted sanction to the office of learned Tehsildar Raipur to review its order in R D Series 202223440725800039, Village -Dharampur with the subject head and matter pertaining to Mutation of name in the revenue record and the office of Tehsildar Raipur has passed another impugned order dated 26/05/2025 (Annexure P/1) by reviewing the R D Series 202223440725800039 and technically the order of mutation dated 14/07/2023. 2. The grievance of the petitioner is that by the impugned order dated 26/05/2025 (Annexure P/1), the office of Tehsildar Raipur has passed the impugned order by reviewing its order without affording the opportunity of hearing to the petitioners, therefore, the impugned orders are arbitrary. 3. The brief facts of the case are that the petitioners are the owner of the land bearing Khasra No.298/4, area 0.5980 hectare and Khasra No.298/45, area 0.6000 hectare, total area 1.1980 hectare situated at village Dharampura, P.C. No.78, Tehsil & District Raipur. The order of mutation was passed in favour of the petitioners on 14/07/2023. the real sister of the petitioners namely Sonwati Sahu filed the first appeal under Section 44 of the C.G. Land Revenue Code before the Court of Sub Divisional Officer (Revenue), Raipur and the said 3 / 3 appeal was dismissed by the said Court on 30/09/2024. Thereafter, one social worker Ganesh Kumar Nag moved an application before the Court of Tehsildar, Raipur for review of the order of mutation in R.D. Series No.202223440725800039 and the Office of Tehsildar Raipur behind the back of the petitioners passed the impugned orders. Hence this petition. 4. Per contra, learned State counsel opposes the submissions made by learned counsel for the petitioners. 5. I have heard learned counsel for the parties at length and perused the documents with utmost circumspection. 6. From perusal of the documents it appears that no opportunity of hearing has been afforded to the petitioner before passing the impugned orders. Accordingly, the orders dated 26/05/2025 & 13/05/2025 are set aside. The matter is remanded back to the SDO (Revenue), Raipur, District Raipur and it is directed that the SDO shall decide the matter afresh after giving opportunity of hearing to all the affected parties including the proposed intervener herein. 7. Accordingly, the instant stands allowed to the extent indicated above. SD/- D/- (Arvind Kumar Verma) JUDGE ashu