1 2025:CGHC:29934 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4759 of 2021 1 - Sanjay Vishwas S/o Late Makhanlal Vishwas Aged About 45 Years R/o Village Jawahar Nagar Post Bardar Tahsil Balrampur, District Balrampur- Ramanujganj, Chhattisgarh., District : Balrampur, Chhattisgarh. ... Petitioner Versus 1 - Sujit Chakrawerty W/o Late Birendra Chakraverty Aged About 46 Years R/o Village Jawahar Nagar Post Bardar Tahsil Balrampur, District Balrampur- Ramanujganj, Chhattisgarh., District : Balrampur, Chhattisgarh 2 - Sub-Divisional Officer (Revenue) Balrampur, District Balrampur- Ramanujganj, Chhattisgarh., District : Balrampur, Chhattisgarh 3 - Tahsildar Balrampur, District Balrampur-Ramanujganj, Chhattisgarh., District : Balrampur, Chhattisgarh ... Respondents For Petitioner : Mr. Shubham Tiwari, Advocate holding the brief of Shri A.N. Pandey, Advocate. For Respondent No. 1 For Respondent/ State : : Mr. V.K. Pandey, Advocate. Mr. Sanjeev Agrawal, P.L. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 02/07/2025 1. The petitioner has filed this petition seeking the following relief(s):- SMT NIRMALA RAO 2 “10.1 That, this Hon'ble court may kindly be pleased to set aside of the entire proceeding initiated by the learned Sub- Divisional (Revenue) in revenue appeal Nо.А- 27/50/2019-2020 ANNEXURE P/1 Partied name Smt. Malti DeviSujit Chakravarti Vs non ". 10.2 That, this Hon'ble court may kindly be pleased to set aside of order dated 15.7.2021 passed by respondent no.2 ANNEXURE P/2 10.3 Any other relief or reliefs may also be granted to the petitioner which this Hon'ble court deems fit and proper in the facts and circumstances of the case. 2. At the very outset, Mr. V.K. Pandey, learned counsel appearing for respondent No. 1 and Mr. Sanjeev Agrawal, learned Panel Lawyer appearing for the State/respondents No. 2 & 3 would submit that the order passed by the Sub-Divisional Officer (Revenue) is appealable according to the provisions of Section 44 of the CG Land Revenue Code and therefore, the petition is not maintainable at all. 3. At this stage, Mr. Shubham Tiwari, learned counsel appearing for the petitioner would submit that the petitioner may be permitted to withdraw this petition, with liberty to prefer a duly constituted appeal before the Appellate Court along with an application for the grant of stay and a direction may be issued to the Appellate Authority to decide it expeditiously within a stipulated time and for the limited period, the interim order granted on 25.11.2021 may be extended. 4. Heard learned counsel for the parties. 5. Considered the submissions made by learned counsel for the petitioner as well as the learned counsel for the respective respondents. The 3 submission made by Mr. Shubham Tiwari, appears to be fair and reasonable. He acceded to the fact that the order impugned is appealable according to the provisions of Section 44 of the CG Land Revenue Code, therefore, the petition is dismissed as withdrawn reserving liberty in favour of the petitioner to prefer an appeal according to the provisions of Section 44 of the CG Land Revenue Code along with an application for the grant of stay. The Appellate authority is directed to decide the application for the grant of stay within a period of 30 days from the date of its presentation and for a period of 60 days, the interim order granted on 25.11.2021 shall continue. 6. Certified copy of the impugned order be returned to the counsel for the petitioner after retaining its photocopy. Sd/- (Rakesh Mohan Pandey) Judge Nimmi