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2025 DAILYLAW 39459 (CHH)

ASHUTOSH TIWARI v. STATE OF CHHATTISGARH

WPC/4375/2025 · 2025-08-17

Shri Arvind Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:41365 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4375 of 2025 Ashutosh Tiwari S/o Late Mahaveer Prasad Tiwari Aged About 57 Years R/o Chandraparak Brihaspati Bazar Bilaspur, Tahsil And District - Bilaspur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - Secretary, Revenue And Disaster (Apda) Management Department, Mahanadi Bhawan, New Raipur, District - Raipur (C.G.) 2 - The Collector Bilaspur, District - Bilaspur (C.G.) 3 - The S D O (Revenue) Bilaspur, District - Bilaspur (C.G.) 4 - Shrishti Tiwari D/o Late Arvind Kumar Tiwari Aged About 33 Years R/o House No. 24, Kalash Awashiya Parishar Lodhipara, Sarkanda, P.S. - Sarkanda, Bilaspur (C.G.) --- Respondent(s) ---------------------------------------------------------------------------------------- For Petitioner : Mr. Dheerendra Pandey, Advocate For Respondent-State : Ms. Poorva Tiwari, PL --------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 18.08.2025 1. The instant petition has been filed by the petitioner on the following relief (s) : “i) That, the Hon'ble court may kindly be pleased to call for the entire records of the case. 2 ii) That, the Hon'ble court may kindly be pleased to issue a suit-able writ for directing the respondents to immediately stop the entire proceeding in revenue appeal pending before the respondent no. 3 till disposal the Civil Suit No. A/114/2022 pending before learned 4th Civil Judge Senior Class/JMFC Bi-laspur District Bilaspur (C.G.) iii) Cost of the petition may also be granted to the petitioner iv) That, any other relief, which the petitioners are entitled and this Hon'ble court deems it fit may kindly, be granted to the petitioners.” 2. Learned counsel for the petitioner contented that the petitioner is not challenging against any particular order but they are seeking suitable direction by this Court by which stop the entire proceeding in revenue appeal pending before the respondent no.3 due to Civil Suit No. A/114/2022 pending before learned 9th Civil Judge (Senior Division)/JMFC, Bilaspur District Bilaspur (C.G.) and matter sub judice before the learned Civil Judge, Bilaspur District Bilaspur (C.G.), but the stop the proceeding revenue appeal has been made against the inaction and illegal action of the respondents. He further contented that on 04.04.2022, Tahsildar has passed the order, but the petitioner has not enclosed the same with this petition. 3. Learned State counsel matter of the petitioner is pending before the Civil Judge, Bilaspur, therefore, this petition is not maintainable before this Court. 4. I have heard learned counsel for the parties and perused the material 3 available on record. 5. Considering the facts and circumstances of the case and submission made by learned counsel for the parties, on perusal of the records, it reveals that there is civil suit is pending before the competent Court between the parties and the matter is sub judice before the 9th Civil Judge Class II, therefore, there is alternative remedy is available to the petitioner to pursue the matter before the Civil Court, therefore, this petition is not maintainable. 6. With the aforesaid observation, the writ petition is disposed of. Sd/- (Arvind Kumar Verma) JUDGE Vasant