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2025 DAILYLAW 41133 (CHH)

SMT. LATA DEVI v. STATE OF CHHATTISGARH

WPC/4730/2023 · 2025-08-11

Shri Arvind Kumar Verma

body2025

Judgment text

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1 / 4 2025:CGHC:40505 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4730 of 2023 Smt. Lata Devi Wife of Diwakar Prasad Tamrakar, Aged About 54 Years through Power of Attorney Holder Satyam Tamrakar, Son of Wife of Diwakar Prasad Tamrakar, Resident of Thankhamariya, P.S. Thankhamariya, P.H.N.07, Tehsil - Thankhamariya, District - Bemetara, Chhattisgarh. ... Petitioner versus 1 - State of Chhattisgarh Through Secretary, Ministry of Revenue, Capital Complex, Nava Raipur, Atal Nagar, Raipur, Chhattisgarh. 2 - Board of Revenue, Bilaspur, Circuit Court Raipur, Chhattisgarh 3 - Commissioner, Durg Division, Durg, Chhattisgarh. 4 - Collector, Through Collector District - Bemetara, Chhattisgarh. 5 - Sub Divisional Officer, Saja, District Bemetara, Chhattisgarh. 6 - Tahsildar, Thankamariya, District - Bemetara, Chhattisgarh. 7 - Chetanlal Son Of Nathulal Sinha, Aged About 48 Years Resident Of Thankhamriya, P.S. Thankhamriya, P.H.N.-07, Tehsil - Thankhamariya, District - Bemetara, Chhattisarh. ... Respondents ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.08.14 18:12:07 +0530 2 / 4 For Petitioner : Mr. B.P. Sharma, Advocate along with Mr. M.L. Sakat Advocate For State : Mr. Anurag Tripathi, PL For Respondent No.7: Ms. Anushka Sharma, Advocate appears on behalf of Mr. Manoj Paranjpe, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 12/08/2025 1. The present petition has been filed against the order dated 10/10/2023 in Revenue Revision Case No.R.N./23/R/A-5/31/2023 whereby the order passed by the Commissioner, Durg Division, Durg dated 27/01/2023 in Case No.580/A-5/2021-22 has been affirmed whereby the application under Section 89 of the C.G. Land Revenue Code, 1959 has been rejected. 2. The brief facts of the case are that on 09.10.2009, an application has been filed under section 89 of the Chhattisgarh Land Revenue Code by the Respondent No.7 stating therein that land bearing khasra no 429 area 0.49 hectare entirely belonged to him and out of which some part has been sold and after selling the part of the land, the Respondent is bhumiswami of the land bearing khasra no. 429/1 area 0.33 hectare. The Tahsildar Thankhamariya, Bemetara, Chhattisgarh has registered a case in his file bearing no. 1/A-5/2010-11 and on 03.02.2016 passed an order in exercise of jurisdiction under section 89 of the CG Land Revenue Code that the Respondent being granted right over the land belongs to the 3 / 4 Government bearing khasra no 430 over 0.1 hectare land record be corrected. 3. Against the said order dated 03/02/2016 the petitioner has preferred an appeal on 12.04.2017 which has been registered as Appeal No. 00009/A-5/2016-17 before the Sub-Divisional Officer, Saja, Bemetara (C.G.) and the Sub-Divisional Officer, Saja, Bemetara (C.G.) vide order dated 27.05.2022 set aside the order dated 03/02/2016. 4. Against the order dated 27/05/2022 the respondent no. 7 has preferred an appeal before the Commissioner, Durg division, Durg, C.G. which has been registered as case no. 580/A-5/2021-22 and the Commissioner by order dated 27/01/2023 set aside the order dated 27/05/2022. 5. Against the order of Commissioner, a Revision has been preferred by the Petitioner herein which has been registered as Revenue Revision Case no. R.N./23/R/A-5/31/2023 and the Revisional authority also has not addressed itself on the issue involved in the case and the questions raised by the Petitioner herein and dismissed the revision preferred by the petitioner vide order dated 10/10/2023. 6. Learned counsel for the parties submit that the parties have entered into the compromise and executed an agreement on 15/07/2025 named & styled as “Anubandha patra” which is filed as Annexure ‘A’ and an application I.A. No.4 has been filed by the petitioner 4 / 4 for disposal of the matter in terms of the settlement /agreement by and between the contesting parties. 7. Learned counsel for the respondents do not dispute the compromise effected in between the parties. 8. I perused the terms of compromise. Prima facie perusal of the same shows that the terms are reasonable. 9. Accordingly, the petition is disposed of in terms of the compromise arrived at in between the parties. The terms of Anubandha patra (Annexure ‘A’)would be a part of this order. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu