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2025 DAILYLAW 38855 (CHH)

SANTOSH PRAKASH PUJARI v. STATE OF CHHATTISGARH

WPC/4433/2023 · 2025-06-25

Shri Arvind Kumar Verma

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Judgment text

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1 2025:CGHC:28252 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4433 of 2023 1 - Santosh Prakash Pujari S/o. Late B.L. Pujari, Aged About 69 Years R/o. M.G. Raipur, Tahsil And District - Raipur, Chhattisgarh. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Collector Raipur, Tahsil And District - Raipur, Chhattisgarh. 2 - Commissioner Raipur, Division Raipur, Tahsil And District - Raipur, Chhattisgarh. 3 - Ravindra Prakash Pujari, S/o. Late B.L. Pujari, Aged About 83 Years R/o. M.G. Raipur, Tahsil And District - Raipur, Chhattisgarh. 4 - Mahendra Prakash Pujari, S/o. Late B.L. Pujari, Aged About 76 Years R/o. M.G. Raipur, Tahsil And District - Raipur, Chhattisgarh. 5 - Smt. Chandra Prabha Gour, W/o. Shri D.K. Gour, Aged About 73 Years D/o. Late B.L. Pujari, R/o. House No.109, Near Sai Mandir, Sundar Nagar, Raipur, Tahsil And District - Raipur, Chhattisgarh. 6 - Uma Chahal, D/o. Late B.L. Pujari, R/o. M.G. Raipur, Tahsil And District - Raipur, Chhattisgarh. 7 - Durga Pujari, D/o. Late B.L. Pujari, Aged About 67 Years R/o. M.G. Raipur, Tahsil And District - Raipur, Chhattisgarh. 8 - Laxmi Pujari, D/o. Late B.L. Pujari, Aged About 59 Years R/o. M.G. Raipur, Tahsil And District - Raipur, Chhattisgarh. 9 - Rajesh Pujari, S/o. Late B.L. Pujari, R/o. M.G. Raipur, Tahsil And District - Raipur, Chhattisgarh. 10 - Sushma Pujari, W/o. Late Ashok Pujari, R/o. M.G. Raipur, Tahsil And District - Raipur, Chhattisgarh. 11 - Karan Pujari, S/o. Late Ashok Pujari, R/o. M.G. Raipur, Tahsil And District - Raipur, Chhattisgarh. 12 - Namrata Pujari, D/o. Late Ashok Pujari, R/o. M.G. Raipur, Tahsil And 2 District - Raipur, Chhattisgarh. 13 - Sub Divisional Ofifcer (Revenue) Raipur, Tahsil And District - Raipur, Chhattisgarh. --- Respondent(s) WPC No. 4456 of 2023 1 - Santosh Prakash Pujari S/o. Late B.L. Pujari, Aged About 69 Years R/o. M.G. Raipur, Tahsil And District - Raipur, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Collector Raipur, Tahsil And District - Raipur, Chhattisgarh. 2 - Commissioner Raipur, Division Raipur, Tahsil And District - Raipur, Chhattisgarh. 3 - Ravindra Prakash Pujari, S/o. Late B.L. Pujari, Aged About 83 Years R/o. M.G. Raipur, Tahsil And District - Raipur, Chhattisgarh. 4 - Mahendra Prakash Pujari, S/o. Late B.L. Pujari, Aged About 76 Years R/o. M.G. Raipur, Tahsil And District - Raipur, Chhattisgarh. 5 - Smt. Chandra Prabha Gour, W/o. Shri D.K. Gour, Aged About 73 Years D/o. Late B.L. Pujari, R/o. House No.109, Near Sai Mandir, Sundar Nagar, Raipur, Tahsil And District - Raipur, Chhattisgarh. 6 - Uma Chahal, D/o. Late B.L. Pujari, R/o. M.G. Raipur, Tahsil And District - Raipur, Chhattisgarh. 7 - Durga Pujari, D/o. Late B.L. Pujari, Aged About 67 Years R/o. M.G. Raipur, Tahsil And District - Raipur, Chhattisgarh. 8 - Laxmi Pujari, D/o. Late B.L. Pujari, Aged About 59 Years R/o. M.G. Raipur, Tahsil And District - Raipur, Chhattisgarh. 9 - Rajesh Pujari, S/o. Late B.L. Pujari, R/o. M.G. Raipur, Tahsil And District - Raipur, Chhattisgarh. 10 - Sushma Pujari, W/o. Late Ashok Pujari, R/o. M.G. Raipur, Tahsil And District - Raipur, Chhattisgarh. 11 - Karan Pujari, S/o. Late Ashok Pujari, R/o. M.G. Raipur, Tahsil And District - Raipur, Chhattisgarh. 12 - Namrata Pujari, D/o. Late Ashok Pujari, R/o. M.G. Raipur, Tahsil And District - Raipur, Chhattisgarh. 13 - Sub Divisional Ofifcer (Revenue) Raipur, Tahsil And District - Raipur, Chhattisgarh. ----Respondents 3 (Cause-title taken from Case Information System) For Petitioner : Mr. Vivek Ranjan Tiwari, Sr. Adv along with Mr. Jitendra Pali,Adv For Respondent No. 1, 2 & 13 : Mr. Upasana Mehta, Dy. G.A. For Respondent No. 3 to 5 : Mr. Surfaraj Khan, Advocate For Respondent No. 7 & 8 : Mr. Anand Shukla, Advocate For Respondent/s. : Mr. S.B. Pandey, Advocate Hon’ble Shri Arvind Kumar Verma Order on Board 26/06/2025 1. Vide order of this Court dated 28.01.2025, this Court has passed the order that learned counsel for the petitioner submits that the application which was submitted before the Commissioner, Raipur by respondent No. 3 to 5, it appears that revision is lying pending in the Court of Commissioner, Raipur. Therefore, it is directed that in the event of filing an application by respondent No. 3 to 5 for withdrawal of the revision within a period of 5 days, the said application be considered and they may be permitted to withdraw the revision. Interim order granted on 11.10.2023 shall continue till the next date of hearing, but the interim order and pendency of the writ petition shall not come in the way of deciding the withdrawal application filed by respondent No. 3 to 5 before it. 2. Thereafter, the respondent No. 3 to 5 has filed an application before the Commissioner Raipur (Annexure A) for withdrawal of the revision and the Commissioner Raipur has passed an order on 03.03.2025 by permitting the respondents No. 3 to 5 4 to withdraw the revision and some observations have been made by the Commissioner Raipur. 3. Learned counsel for the petitioners submit that the petitioners have filed review application under Section 51 r/w 32 of the Chhattisgarh Land Revenue Code, 1959, before the Divisional Commissioner Raipur against the order dated 03.03.2025 passed by the Divisional Commissioner. At this juncture, learned counsel for the petitioners prays for disposal of the present writ petition with liberty to pursue the review application which they have already filed before the Divisional Commissioner. 4. Learned counsel for the respondents have no objection with regard to submission of the learned counsel for petitioners. 5. Considering the submission made by the learned counsel for parties, at this stage this Court finds it appropriate to dispose of the present writ petition with liberty to the petitioner to pursue his review application before the Divisional Commissioner Raipur. Accordingly, the both the writ petitions stand disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti