1 2025:CGHC:43475 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4563 of 2025 1 - Chandramani @ Pinku S/o Shri Sukhdev Aged About 29 Years Residents Of Belpahad Post And Police Station Belpahad Tehsil- Lakkhanpur Distt- Jharsugda (Odisha) 2 - Pinki D/o Shri Sukhdev Aged About 31 Years Residents Of Belpahad Post And Police Station Belpahad Tehsil- Lakkhanpur Distt- Jharsugda (Odisha) ... Petitioner(s) versus 1 - Balram Thakur Resident Of Village Tamnar, Tahsil Ghaarghoda, Distt- Raigarh (C.G.) 2 - Shridhar Thakur S/o Late Bhagatram Aged About 26 Years Resident Of Village Tamnar, Tahsil Ghaarghoda, Distt- Raigarh (C.G.) 3 - Chandrakanti Thakur D/o Late Bhagatram Aged About 53 Years R/o Village Hamirpur Post- Hamirpur Tahsil- Gharghoda, Distt- Raigarh (C.G.) 4 - Raigarh Energy Limited F- 8 Midc, Industrial Area Hingnaroad, Nagpur, Through Power Of Attorney Holder, Vipin Jain S/o Shri Ratan Jain Aged About 53 Years R/o C-6, Jeevan Vihar Telibandha, Raipur Tahsil And Distt- Raipur (C.G.) 5 - Additional Commissioner Bilaspur Division District- Bilaspur (C.G.) ---- Respondents VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.08.29 15:40:01 +0530 2 For Petitioners : Mr. N.K. Chatterjee, Advocate For State/Respondent No.5 : Mr. Soumitra Kesharwani, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 28/08/2025 1. With the consent of learned counsel for the parties, the matter is heard finally. 2. By way of this petition, petitioner sought following relief(s) : “10.1 That, this Hon’ble Court may kindly be pleased to allow the writ petition filed by petitioners under article 226 and be pleased to direct the Additional Commissioner Bilaspur Division, and direct the 5 to direct the Additional respondent Commissioner Bilaspur Division to expedite the appeal and disposed of the appeal within a period of from the date of the order, when the Appellate Court gets the knowledge of the order of the Hon'ble Court. 10.2 Any other relief, which may deem fit and proper in the facts and circumstances of the case, may also be allowed.” 3. Learned counsel for the petitioners contended that the petitioners having aggrieved in the pending proceeding before the Additional Commissioner Bilaspur Division, in Case No. A-6 of Case No. 173/2023-24 Village Hamirpur, Tahsil Gharghoda, Distt. Raigarh (C.G.), against an order passed by the learned Sub Divisional Officer, Gharghoda, in case no. 20220504260009A-6/2022-23 in a case of Chandramani @Pinku, where an application was also filed by the 3 appellant and u/o 5 of Limitation Act, along with an appeal which was filed u/s 44 (2) of C.G. Land Revenue Code 1959 and the said Sub Divisional Officer (R) had committed an illegality in dismissing and appeal inclusive an application filed u/s 5 of the Limitation Act and the said order was passed by the learned Sub Divisional Officer (R), by an order dated 28.12.2022 by learned S.D.O. (R) Gharghoda, Distt. Raigarh (C.G.) which arose out of an order passed by the learned Naib Tahsildar Gharghoda, Distt. Raigarh in revenue case no. 09/A-6/1987- 88 and an order passed by learned Naib Tahsildar, Gharghoda, on 28.04.1988 and since the pending proceeding before the Additional Commissioner Bilaspur Division is pending from 14.03.2023 and still the case is pending and in most of the order sheet of the Additional Commissioner Bilaspur Division the record of the court below has been called. And therefore this writ petition is being filed before this Hon'ble Court to direct the Additional Commissioner Bilaspur Division in Civil Appeal No. 173/2023-24 to decide the appeal as early as possible within a period of two months from the date of the order of the Hon'ble High Court and W.P. (C) No. 4310/2025 has been disposed of on 14.08.2025, because relevant party was not added. Hence this petition. 4. Learned State counsel contended that the concerned authority is ready to consider and decide the appeal of the petitioner as per law. 4 5. I have heard learned counsel for the parties and perused the documents with utmost circumspection. 6. Considering the facts of the case and submission made by counsel for the respective parties, this writ petition is disposed of directing to respondent No.5 – Additional Commissioner, Bilaspur Division, District Bilaspur (C.G.) to consider and decide the pending appeal of the petitioner in Case No. A-6 of Case No.173/2023-24, Village Hamirpur, Tahsil Gharghoda, District Raigarh (C.G.) after providing opportunity of hearing to respondents No.1 to 4 as expeditiously as possible, in accordance with rules, regulations and law. 7. It is made clear that this Court has not expressed any opinion on the merits of the case. 8. With the aforesaid direction, this petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant