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2025 DAILYLAW 41652 (CHH)

KEDARNATH v. LOKNATH

WP227/731/2022 · 2025-07-28

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 731 of 2022  Kedarnath S/o Mukundi Aged About 40 Years Caste- Kachhi, R/o Village- Tendumuda, Tahsil- Pendraroad, District Bilaspur (Not Gaurela Pendra Marwahi, District : Gaurela-Pendra-Marwahi, Chhattisgarh ... Petitioner(s) versus 1. Loknath S/o Mukundi Aged About 33 Years Caste- Kachhi Resident Of Village- Tendumuda, Tahsil Pendraroad, District Bilaspur (Not Gaurela Pendra Marwahi), District : Gaurela- Pendra-Marwahi, Chhattisgarh 2. Smt. Arti Devi W/o Loknath Aged About 30 Years Caste- Kachhi Resident Of Village- Tendumuda, Tahsil Pendraroad, District Bilaspur (Not Gaurela Pendra Marwahi), District : Gaurela- Pendra-Marwahi, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Yogendra Chaturvedi, Advocate For Respondents : None, though served Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 29-07-2025 1) In this petition, petitioner has challenged the order passed by Chhattisgarh Board of Revenue in Case No. R.N./02/R/A- 6/201/2016 dated 25.06.2021 whereby revision preferred by respondents under Section 50 of Chhattisgarh Land Revenue Digitally signed by AJINKYA PANSARE Date: 2025.07.29 18:15:01 +0530 2 Code, 1959 has been allowed. 2) Facts of the present case are that petitioner and respondent No. 1 moved application under Section 178 of the Code, 1959 to record the partition pursuant to division of property bearing Khasra No. 9 ad-measuring 5.78 acres situated at Village – Tendumuda, Tehsil – Pendraroad, District - Gaurela–Pendra–Marwahi. Tehsildar, Pendraroad allowed the application on 23.06.2008, but the lands were not properly divided between the parties, therefore, petitioner preferred appeal before SDO(R), Pendraroad which was allowed vide order dated 17.01.2014. Additional Commissioner, Division Bilaspur affirmed the findings recorded by SDO(R), Pendraroad vide order dated 31.05.2016 in appeal preferred by respondents. Thereafter, respondents preferred revision before Chhattisgarh Board of Revenue and during its pendency, with the consent of parties, a fresh order with regard to division of subject property was issued by the concerned Patwari. Board of Revenue vide order dated 25.06.2021 set-aside the orders passed by the concerned Patwari, SDO(R) and Additional Commissioner. 3) Learned counsel for the petitioner submits that petitioner and respondent No. 1 are ready for partition and division of land by mutual consent, therefore matter may be remitted back to the concerned Tehsildar to decide it within stipulated time period. 4) Heard. 5) Taking into consideration the submission made by Mr. Chaturvedi and further considering the fact that earlier, twice the orders were 3 passed by Tehsildar and Patwari with regard to division of subject property, therefore, matter is remitted back to the concerned Tehsildar to decide the issue of division of land between the parties expeditiously, preferably within a period of 120 days from the date of receipt of copy of this order. It is expected that Tehsildar, Pendraroad shall provide sufficient opportunity of hearing to the parties involved before passing final order. 6) With the aforesaid observation(s) and direction(s), this petition stands disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya