1 2025:CGHC:47444 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4920 of 2025 Raj Bansh Pandey S/o Shri Chandrika Prasad Pandey Aged About 70 Years R/o Quarter No. 1-B, Street No. 41, Sector 5, Bhilai, Distt. Durg, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue Department, Mahanadi Bhawan, Mantralaya, New Raipur, Distt. Raipur, Chhattisgarh. 2 - Collector Durg, Collectorate Office, Distt. Durg, Chhattisgarh. 3 -Tehsildar (Revenue) Tehsil Office, Durg, Chhattisgarh. 4 - Patwari Halka No. 19/22 Gram Risali, Tehsil And Distt. Durg, Chhattisgarh. ... Respondent(s) For Petitioner : Mr. TK Tiwari, Advocate For State/Respondents : Mr. Soumitra Kesharwani, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 16/09/2025 2 1. By way of this writ petition, petitioner is seeking following relief (s) : “10. RELIEF SOUGHT: - 10.1 That, the Hon'ble court may be pleased to call the entire revenue record relating to Khasra No 435/41 situated at Village Risali, Patwari Halka no.19/22 revenue Circle Durg-1 Development Block and Tehsil Durg, C.G. 10.2 That, the Hon'ble court may be pleased to issue a writ of mandamus commanding to the respondent no 3 and 4 as to endorse the name of the petitioner in revenue record as per provisions of S. 109, 110 of Chhattisgarh Land Revenue Code on the basis of sale deed as executed -his in favour by quashing the report of Respondent no 4 Annexure P-5. 10.3 That this Hon'ble Court may be pleased to issue a writ of mandamus commanding to Respondent 1 and 2 LO initiate action against the Respondent no 3 and 4 for not complying with the public duty and causing harassment to the senior citizen i.e. petitioner. 10.4 Any other relief as this court thinks fit and proper in favour of the petitioner may kindly be passed.” 3 2. The instant petition has been filed for issuance of writ of mandamus, commanding to respondent Nos.3 and 4 including name of the petitioner in revenue record accordance with the provisions of Sections 109 & 110 of the Chhattisgarh Land Revenue Code, 1959. On 18.04.1990, petitioner has purchased the residential plot bearing Khasra по.435/41 aгea 3180 sq. feet situated at Village Risali, Bhilai, (Durg) by registered sale deed from Banke Lal Soni, however, on 24.06.2022, part of the said land area 1800 sq feet was sold by registered sale deed to Shri Nitai Chandra Pal & Smt Meeta Pal by the petitioner. On 11.07.2022, part of the said land of Khasra no 435/41 area 1327.1 sq feet was sold by registered sale deed to Ekramul Haque by the petitioner. On 07.10.2022, Ekramul Haque executed sale deed in favour of the petitioner relating to land bearing Khasra no 435/41 area 1327.1 sq feet. On 09.10.2024, Nitai Chandra Pal and Smt Meeta Pal executed Sale deed in the favour of the petitioner relating to the land bearing Khasra no 435/41 area 1327.1 sq feet. 03.01.2025, petitioner submitted application for mutation before Respondent no 3, to which, respondent no.4/Patwari prepared report relating to Khasra no.435 and sent to the respondent no.3/Tehsildar vide Annexure P-5. Respondent No.4/Patwari has no right to file the report before respondent No.3/Tahsildar that alleged Khasra number 4 Bhumi is not mentioned in Nistar Patra and alleged land is related to EWS and there is a dispute. 3. During course of the arguments, counsel for the petitioner admitted that on the basis of report Annexure P-5 made by respondent No.4, respondent No.3 has closed the proceedings of mutation, hence, it is clear that there is no proceeding is pending before respondent No.3/Tahsildar. 4. Learned State Counsel contended that petitioner is having efficacious alternate remedy to file an appeal under Section 44(1) of the Chhattisgarh Land Revenue Code, 1959 (for brevity 'Act of 1959') before appropriate Authority. 5. In view of above, writ petition is disposed of giving liberty to the petitioner that he may file an appeal before the concerned Sub- Divisional Officer (Revenue) under Section 44 (1) of the Act of 1959, if so desire. CC as per rules. Sd/- (Arvind Kumar Verma) Judge J.