1 2025:CGHC:18873 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3851 of 2019 1 - Shakun Goswami W/o Shri Deepak Goswami Aged About 34 Years R/o Village Chakarbhatha, Tahsil Bilha, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 2 - Shivram Goswami S/o Shri Sonu Bharti Aged About 39 Years R/o Village Chakarbhatha, Tahsil Bilha, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh. ... Petitioners versus 1 - Shrawan Bharti S/o Late Ram Ratan Bharti R/o Ethulkapa, Tahsil Bilha, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 2 - Smt. Meena W/o Bhagwati R/o Lalpur, Tahsil Nawagarh, District Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh 3 - Smt. Beena W/o Pyarjeet R/o Peeparkhuti, Tahsil Takhatpur, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 4 - Shatrughan Lal S/o Late Shivcharan Resides At Ethulkapa, Tahsil Bilha, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 5 - Rajim S/o Late Shivcharan Resides At Ethulkapa, Tahsil Bilha, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 6 - Radha D/o Shivcharan Resides At Ethulkapa, Tahsil Bilha, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 7 - Sukta D/o Shivcharan Resides At Ethulkapa, Tahsil Bilha, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 8 - Shankar Bharti S/o Late Prem Bharti Resides At Ethulkapa, Tahsil SMT NIRMALA RAO -2- Bilha, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 9 - Narayan S/o Late Prem Bharti Resides At Ethulkapa, Tahsil Bilha, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 10 - Kanhaiya S/o Late Prem Bharti Resides At Ethulkapa, Tahsil Bilha, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 11 - Gwalin Bai D/o Late Prem Bharti Resides At Ethulkapa, Tahsil Bilha, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 12 - Satrupa D/o Late Prem Bharti Resides At Ethulkapa, Tahsil Bilha, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondents For Petitioners : Shri Sabyasachi Bhaduri, Advocate. For Respondents No.1 to 3 : Ms. Saloni Verma, Advocate holding the brief of Shri Harshwardhan Parganiya, Advocate. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 25.04.2025 1. In the present petition, the petitioners have challenged the orders passed by the Additional Commissioner, Bilaspur, Division Bilaspur, in Appeal No.61A-27/2015-16 dated 28.2.2017 and the review petition dated 8.2.2018. The petitioners were not a party to that litigation and they preferred a revision petition before the Board of Revenue but later on, it was withdrawn on 16.11.2017. The petitioners preferred a review petition before the Commissioner against the order dated 28.2.2017, which was dismissed vide order dated 8.2.2018. The petitioners have now 3 challenged the orders passed by the Commissioner in appeal and review by filing this petition. 2. Learned counsel for the respondents would submit that the order passed by the Commissioner in appeal and in the review are revisable according to the provisions of Section 50 of the Chhattisgarh Land Revenue Code, 1959 (CGLRC) before the Board of Revenue, therefore, this petition is not maintainable. She would contend that a revision was earlier preferred and withdrawn without any valid reason. She would also submit that the petition is not maintainable. 3. Heard counsel for the parties and perused the documents present on the record. 4. Taking into consideration the fact that the orders passed by the Commissioner dated 28.2.2017 and in the review petition dated 8.2.2018 are revisable according to provisions of Section 50 of the CGLRC, therefore, in the opinion of this Court, the present petition is not maintainable. 5. The petitioners had previously preferred a revision petition before the Board of Revenue, which was withdrawn. Although no liberty was reserved in favour of the petitioners to prefer a fresh revision before the Board of Revenue, but considering the fact that the petitioners have filed a writ petition before this Court challenging the orders passed by the Commissioner, the liberty is granted to -4- the petitioners to prefer a fresh revision before the Board of Revenue within a period of 30 days along with an application for the grant of stay. If the petitioners prefer a revision, the Board of Revenue is directed to decide the application for the grant of stay within a further period of 30 days and for a period of 60 days, the interim order dated 24.10.2019 shall remain in force. 6. With the aforesaid observation(s), this petition is disposed of. 7. Certified copy of the order be returned back to counsel for the petitioners after retaining its xerox copy in the records. Sd/- (Rakesh Mohan Pandey) Judge Nimmi