1 2025:CGHC:6625 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7343 of 2024 1 - Jitendra Kumar Sahu S/o Late Shri Bihari Lal Sahu Aged About 52 Years R/o Near Chhapariya Kirana, Bhagat Singh Ward No. 15, Urla, Tahsil Abhanpur, District- Raipur (C.G.), Pin- 493661 ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhavan, Atal Nagar, New Raipur, District- Raipur, Chhattisgarh 2 - The Collector Raipur, District- Raipur (Chhattisgarh) ... Respondent(s) WPS No. 7423 of 2024 1 - Lekhram Dewangan S/o Late Shri Latel Ram Dewangan, Aged About 52 Years R/o Lig 578, Housing Board Colony, Sejbahar, Raipur (C.G.) Pin- 242015. ... Petitioner(s) versus 1 - State Of Chhattisgarh, Through- The Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhavan, Atal Nagar, New Raipur, District-Raipur (C.G.) 2 - The Collector Raipur, District-Raipur (C.G.) ... Respondent(s) WPS No. 7367 of 2024 1 - Dinesh Patel S/o Rameshwar Patel Aged About 35 Years R/o Village Mana Basti Post Mana Basti Police Station Mana Camp District - Raipur (C.G.) Pin 492016 ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Department Of Revenue And Disaster Management Mantralaya Mahanadi Bhawan Atal Nagar New Raipur District - Raipur (C.G.) 2 - The Collector Raipur District - Raipur (C.G.) ... Respondent(s) (Cause Title is taken from CIS System) 2 For Petitioner : Mr. H. B. Agrawal, Sr. Advocate assisted by Mr. Pankaj Agrawal, Advocate. For Respondent(s)/State : Mr. Ajit Singh, G. A. along with Ms. Poorva Tiwari, Panel Lawyer Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 05/02/2025 1. Since common question of facts and law are involved in these writ petitions, therefore, they are being heard and decided by this common order. 2. Challenge in this writ petition is to the order dated 08.10.2024 passed by Secretary, Revenue Department, Chhattisgarh through which petitioners have been suspended. 3. Learned counsel for petitioners submit that disciplinary authority is Sub-Divisional Officer as per Section 22 (2) of Chhattisgarh Land Revenue Code, 1959 and under the notification dated 01.10.1959 published in Madhya Pradesh Gazette dtd. 09.10.1959 issued under the provisions of Section 22 (2) of the Chhattisgarh Land Revenue Code, 1959 as also under Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1996, power has been granted to Sub-Divisional Officer as per item No. 43 (b) and Schedule appended thereto. It is contention of learned counsel for petitioner that order impugned passed by Secretary, Revenue Department, Chhattisgarh is not in accordance with law as Secretary is not competent authority to pass order of suspension as such order is liable to be qushed. 4. On the other hand, learned State counsel submit petitioners are having efficacious alternate remedy of appeal before the Collector 3 and as such petition itself is not maintainable. He further contended that in the impugned order, one of the person is Tahsildar and as such, authority has rightly passed the impugned order. 5. In order to decide the dispute as raised by petitioners, relevant Sections as well as notifications are required to be considered. “7. Sec. 22 of the Land Revenue Code, 1959 defines Sub-Divisional Officers, which states as under- “22. Sub-Divisional Officers" (1) The Collector may place one or more Assistant Collectors or Joint Collector or Deputy Collector in-charge of a sub- division of a district or in-charge of two or more subdivisions of a district. (2) Such Assistant Collector or Joint Collector or Deputy Collector shall be called a Sub-Divisional Officer and shall exercise such powers of a Collector as the State Government may, by notification, direct." 8. Sec. 21 of the Land Revenue Code, 1959 defines other officers, which states as under :- "21. Other Officers" (1) The State Government may appoint such other officers and invest them with such power as may be necessary to give effect to the provisions of this Code. (2) Such officers shall discharge such duties and be subordinate to such authorities as the State Government may direct." 9. Sec. 104(1) of the Code provides for the power and jurisdiction of the Collector to form Patwari circles and Sec. 104(2) provides for the power of the Collector to appoint Patwaris, which states as under :- "104. Formation of patwaris' circles and appointment of patwaris thereto. - 4 (1) The Collector shall from time to time arrange the villages of the tahsil in patwari cireles and may, at any time, alter the limits of any existing circle and may create new circles or abolish existing ones. (2) The Collector shall appoint one or more patwaris to each patwari circle for the maintenance and correction of land records and for such other duties as the State Government may prescribe.” 6. There are conflicting decisions regarding power of Sub-Divisional Officer to appoint a Patwari has been resolved by Full Bench of Madhya Pradesh High Court in the matter of Kala Bai vs. State of M.P. and Others, reported in 2011 (1) MPLJ 547, in which, it has been held that Sub-Divisional Officer is having power to appoint and remove a Patwari from his service. Relevant portion is quoted below for ready reference : "26. The conclusion recorded by us on the question referred to by the Single Bench are summarized as under :- (a) That the Sub Divisional Officer has been conferred powers of the Collector to appoint a Patwari in view of the provisions of sec. 22(2) of the Code and the Notification dtd. 1/10/1959 published in the M.P. Gazette on 9/10/1959 and as a consequence thereof he also has the power to remove a Patwari from service." 7. In an order rendered by this Court in Writ Appeal No. 478 of 2019 decided on 11.11.2019 in the matter of Manoj Vishwakarma vs. State of Chhattisgarh and Others and in W.P.(S.) No. 3158 of 2015 decided on 28.08.2015 in the matter of Vinayak Singh Thakur vs. State of Chhattisgarh, similar view has been held by this Court, relying upon Rule 10 of the Chhattisgarh Land Record 5 Manual, in which, Sub-Divisional Officer is empowered to suspend a Patwari. 8. The view taken by Full Bench of High Court of Madhya Pradesh as well as similar view taken by Single Bench of this Court, I am of the fortified view that Sub-Divisional Officer is having power to suspend a Patwari and not Secretary, Department of Revenue and Disaster Management. 9. Taking into consideration facts and circumstances of the case as also the fact that as per Section 22 (2) of Chhattisgarh Land Revenue Code, 1959 and under the notification dated 01.10.1959 published in Madhya Pradesh Gazette dtd. 09.10.1959 issued under the provisions of Section 22 (2) of the Chhattisgarh Land Revenue Code, 1959 as also under Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1996, Secretary is not having power and authority to pass order of suspension, hence, order impugned is liable to be and is hereby quashed. 10. With the aforesaid observation, writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Shayna SHAYNA KADRI Digitally signed by SHAYNA KADRI