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2025 DAILYLAW 3312 (CHH)

GAURISHANKAR PATEL v. DURGACHARAN PATEL

WPC/232/2025 · 2025-01-15

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:2447 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 232 of 2025 1 - Gaurishankar Patel S/o Late Shivlal Patel Aged About 65 Years Resident Of Mukhya Basti, Village Bahma Tehsil Lailunga, District Raigarh (Chhattisgarh) 2 - Umashankar Patel S/o Late Shivlal Patel Aged About 63 Years R/o Mukhya Basti, Village Bahma Tehsil Lailunga, District Raigarh (Chhattisgarh) 3 - Jaishankar Patel S/o Late Shivlal Patel Aged About 60 Years R/o Mukhya Basti, Village Bahma Tehsil Lailunga, District Raigarh (Chhattisgarh) ... Petitioner(s) versus 1 - Durgacharan Patel S/o Chitrabhaan Patel, R/o Village Bahma, Tehsil Lailunga, District Raigarh (Chhattisgarh) 2 - Mahesh Kumar Patel S/o Chitrabhan Patel R/o Village Bahma, Tehsil Lailunga, District Raigarh (Chhattisgarh) 3 - Sushil Kumar Patel S/o Chitrabhan Patel R/o Kotra Road, Raigarh, AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.01.17 18:43:02 +0530 2 District Raigarh (Chhattisgarh) 4 - Kalavati Patel D/o Daulatram Patel R/o Village Sangitarai, Tehsil And District Raigarh (Chhattisgarh) 5 - Mathura Bai Patel W/o Daulatram Patel R/o Village Sangitarai, Tehsil And District Raigarh (Chhattisgarh) 6 - Gandharva Sen Patel S/o Daulatram Patel R/o Village Sangitarai, Tehsil And District Raigarh (Chhattisgarh) 7 - Hemant Kumar Patel S/o Late Daulatram Patel R/o Village Sangitarai, Tehsil And District Raigarh (Chhattisgarh) 8 - The Collector Raigarh District Raigarh, Chhattisgarh 9 - The Sub-Divisional Officer (Revenue) Raigarh, Tahsil And District Raigarh, Chhattisgarh 10 - The Tehsildar Raigarh Tehsil And District Raigarh, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Siddharth Pandey, Advocate For Respondents/State : Ms. Upasana Mehta, Dy. G.A. Hon'ble Justice Shri Bibhu Datta Guru Order on Board 15/01/2025 1. By the present writ petition, the petitioner is questioning the proceeding which is being undertaken by the S.D.O.(Revenue) 3 after the remand of the case by the Commissioner in a Revenue Case No.20/A-6(A)/2023-24, by which, the Commissioner has remanded back the matter to the S.D.O. by setting aside the reviewed order of the SDO dated 03/11/2023. 2. Learned counsel for the petitioner submits that though there is no application for review as per proviso (iii) to Section 51 of the C.G. Land Revenue Act, 1959, on record the SDO(Renevue) is proceeding to review its own order dated 06/10/2023, though there is no application for review filed by anyone to review the order dated 06/10/2023. 3. Learned counsel for the respondent/State submits that if the SDO is proceeding to review the order dated 06/10/2023 without there being any application, it is the duty of the petitioner to apprise the SDO(Revenue) stating that no such application is filed by anyone to review the order dated 06/10/2023. 4. I have heard learned counsel for both the parties. 5. The order of the Commissioner dated 03/10/2024, by which, the Commissioner has set aside the review order dated 03/11/2023 passed by the SDO in Revenue Case No.202309042100065/A- 6(A)/2022-23 and remanded back the matter to the SDO (Revenue). As the petitioner pleaded in the writ petition that the SDO(Revenue) is proceeding to review its own order dated 06/10/2023 again, though there is no application as per proviso (iii) to Section 51 of the C.G. Land Revenue Act, 1959 is pending 4 before him, hence, the petitioner is directed to apprise the SDO (Revenue) by filing an application stating that the proceeding drawn by the SDO(Revenue) is not in accordance with the proviso (iii) to Section 51 of the C.G. Land Revenue Act, 1959 and he cannot review its own order unless and until there is any application for review of the order passed by the Revenue Authorities. On the event of filing of such application, the SDO(Revenue) is directed to decide the said objection/application within a period of thirty days from the filing of such application in accordance with law. 6. With the aforesaid observation(s) and direction(s), the writ petition is disposed of. The petitioner is at liberty to approach before the appropriate authority for mutation of his name pursuance to the order dated 06/10/2023 passed by the revenue Authority in Revenue Case No.202309042100065/A-6(A)/2022-23. SD/- (Bibhu Datta Guru) Judge Amardeep