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2025 DAILYLAW 41254 (CHH)

SAIFULLA KHALEED v. THE COLLECTOR KORIYA

WPC/4689/2025 · 2025-09-02

Shri Arvind Kumar Verma

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:44872 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4689 of 2025 1 - Saifulla Khaleed S/o Anwar Ul Haq Aged About 48 Years R/o Village- Bikunthpur, Tehsil- Baikunthpur, District- Koriya (C.G.) ... Petitioner(s) versus 1 - The Collector Koriya Koriya, District- Koriya (C.G.) 2 - The Tehsildar Baikunthpur District- Koriya (C.G.) 3 - Sahattar S/o Sobharam Aged About 54 Years R/o Village Kanchanpur, Tehsil -Baikunthpur District- Koriya (C.G.) 4 - Ramkumar S/o Sobharam Aged About 49 Years R/o Village- Kanchanpur, Tehsil- Baikunthpur, District- Koriya (C.G.) 5 - Smt Sheela Mishra W/o Shri Rajendra Mishra Caste- Brahman- R/o Harrapara, Baikuntpur, Tahsil - Baikuatpur, Dist- Koriya (C.G.) ----Respondents (Cause-title taken from Case Information System) For Petitioner : Ms. Mahima Chandra, Advocate For Respondent : Mr. Risabh Bisen, P.L. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 03/09/2025 1. The present writ petition has been filed seeking following relief(s);- 10.1 This Hon’ble Court may kindly be pleased to allow the writ petition and be pleased to quash/set aside the order dated 09.04.2025 passed by the respondent No. 2, in the larger interest of justice. 10.2 That, this Hon’ble Court may kindly be pleased 2 to quash/set aside the order dated 25.07.2019 passed by the respondent No. 1 and mutate the suit property in the name of the petitioner, in the interest of justice. 10.3 This Hon’ble Court may kindly be granted any other relief/order/direction in favour of petitioner, which deemed fit & proper in the facts and circumstances of the case, in the interest of justice. 2. Learned counsel for the petitioner submits that petitioner is challenging the Impugned Order dated 09/04/2025 passed by the Tehsildar Baikunthpur (Respondent No. 2), District Koriya (C.G.), wherein the petitioner had preferred an application to transfer the land in question in his name, but the said application has been rejected. The copy of the order dated 09/04/2025 is being filed as ANNEXURE P-1. And the Permission granted by the Collector Koriya (Respondent No. 1) in Revenue Case no. 7b-121/2018 ID No. 201811010100014 vide order dated 25/07/2019, as it has been granted without fact finding as on the date of the order, there existed a legal registered sale deed executed in the name of the petitioner for the suit land. Hence this petition. 3. Learned counsel for respondents that with regard to the grievance of the petitioner, there is an alternative remedy is available to petitioner to file appeal under Section 44 of CG Land Revenue Code 1959. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the submission of the respondents and considering the facts and circumstances of the case, this Court is of the opinion that there is an alternative remedy is available to the 3 petitioner under Section 44 of the CG Land Revenue Code 1959. The petitioner is at liberty to file appeal under Section 44 of the CG Land Revenue Code. 6. Accordingly, the present writ petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti