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2025:CGHC:47434
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4917 of 2025 Smt. Rakhi Gupta W/o Late Manoj Guupta Aged About 48 Years R/o Mahalpara, Ward No. 09, Baikunthpur, P.S. And Tahsil - Baikunthpur, District - Koriya Chhattisgarh
... Petitioner versus 1 – State of Chhattisgarh Through Secretary, Department of Revenue & Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Chhattisgarh 2 - The Collector Koriya (Baikunthpur), District - Koriya Chhattisgarh 3 - The Sub Divisional Officer (Revenue) Baikunthpur, District - Koriya Chhattisgarh 4 - The Tahsildar Baikunthpur, District - Koriya Chhattisgarh 5 - Smt. Mahamaya Gupta W/o Shailendra Gupta Aged About 38 Years R/o Mandalpara, P.S. And Tahsil - Baikunthpur, District - Koriya Chhattisgarh
... Respondents For Petitioner : Mr. Pushkar Sinha, Advocate For State : Ms. Nupur Trivedi, PL
(Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 16/09/2025
1. By way of the instant petition, the petitioner has prayed for the following reliefs:- ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.09.18 14:06:14 +0530
2 / 3 10.1 That, the Hon’ble Court may kindly be pleased to call the entire records relating to the case of the Petitioner. 10.2 Issue an appropriate writ, order or direction to respondent no.3 to decide the application filed under section 32 of C.G. Land Revenue Code for grant of Stay and appeal under Section 44 of the C.G. Land Revenue Code, filed by the petitioner in respect of land of petitioner which is situated at Baikunthpur, bearing P.H. No.5, R.N.M. & Tehsil – Baikunthpur, District Koriya, C.G, Khasra no. 90/8 total admeasuring 0.026 Hectare. 10.3 Direct the Respondent no.3 to decide the application filed under section 32 of C.G Land Revenue Code for grant of Stay and appeal under section 44 of C.G Land Revenue Code, filed by the petitioner within time bound period. 10.4 Any other relief which Hon’ble Court deems fit and proper in the facts and circumstances of the case and cost of the petition.
2.
Learned counsel for the petitioner would contend that the petitioner had purchased a land bearing Khasra No.90/8, situated at Village Baikunthpur, P.H. No.5, R.I. Circle & Tehsil Baikunthpur, District Koriya, C.G. total admeasuring 0.026 Hectare from one Sanjay Agrawal through a registered sale deed on 19/10/2015 and the land was mutated in favour of the petitioenr and the Rin Pustika was also issued. However, subsequently one Smt. Mahamaya Gupta filed a civil suit before the Civil Court, Baikunthpur for declaration of title in respect of land situated at Village Cher as Khasra No.390/4, 390/5, 390/6, 434/3 and in village Mandalpara bearing Khasra No.54/1, 54/2, 127, 128 and the said civil suit came to be registered as Civil Suit No.1/A/2021 and Respondent No.5 somehow got the land of the petitioenr mutated in her name despite the fact that the
3 / 3 said land was not subject matter of the civil suit and the petitioner was not arrayed as party. Being aggrieved with the same the petitioner has filed an application under Section 32 of the CGLRC for stay of the said mutation order and also filed appeal under Section 44 of the CGLRC which is still pending. Learned counsel for the petitioner would submit that the respondent authorities may be directed to decide the same expeditiously as early as possible.
3. Learned State counsel would submit that they have no objection in deciding the pending appeal of the petitioner.
4. I have heard learned counsel for the parties at length and perused the documents with utmost circumspection.
5. Considering the entire facts and circumstances of the case and also the prayer made by learned counsel for the petitioner coupled with the no objection given by the State counsel, it is directed that the respondent authorities shall decide the pending appeal filed by the petitioner under Section 44 of the CGLRC expeditiously preferably within a period of 120 days from the date of production of copy of this order after giving sufficient opportunity of hearing to the private respondent No.5, if there is no legal impediment.
6. With the aforesaid observation, the instant writ petition stands
disposed of. SD/- SD/- (Arvind Kumar Verma)
JUDGE ashu