Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 43592 (CHH)

JAGDISH BANSAL v. STATE OF CHHATTISGARH

WPC/4866/2025 · 2025-09-10

Shri Arvind Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:46554 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4866 of 2025 1 - Jagdish Bansal S/o Sh. Ramphal Agrawal Aged About 61 Years R/o Ward No. 11, Sakti, Distt- Sakti (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue Mahanadi Bhawan, Atal Nagar Nava Raipur Distt- Raipur (C.G.) 2 - The Collector Sakti Distt- Sakti (C.G.) 3 - The Sub-Divisional Officer (Revenue) Sakti, Distt- Sakti (C.G.) 4 - The Tehsildar Tehsil- Naya Baradwar, Distt- Sakti (C.G.) 5 - The Sub-Registrar Office Of Sub-Registrar Sakti, Distt- Sakti (C.G.) 6 - Sh. Purushottam Agarwal S/o Radhey Shyam Aged About 50 Years R/o Ward No.6, Sakti, Distt- Sakti (C.G.) 7 - Sh. Mojelal Satnami S/o Bisahu Ram Aged About 67 Years R/o Village Portha, Dongia Sakti, Distt- Sakti (C.G.) 8 - Sh. Nathuram Satnami S/o Gautam Aged About 77 Years R/o Village Portha, Dongia, Sakti, Distt- Sakti (C.G.) ... Respondents Digitally signed by GOPAL SINGH Date: 2025.09.11 17:50:31 +0530 2 For Petitioner : Shri Ishwar Jaiswal, Advocate For State : Ms. Upasana Mehta, Deputy Government Advocate Hon’ble Shri Justice Arvind Kumar Verma Order on Board 11/09/2025 1. With the consent of learned counsel appearing for the parties, the matter is heard finally. 2. The petitioner has sought following reliefs in this petition: “1. Call for entire records of Revenue Proceedings bearing No. 202508310300036/B121/24-25 pending before Respondent No. 3 instituted against the petitioner. 2. Quash the impugned Revenue Proceedings bearing No. 202508310300036/B121/24-25 pending before Respondent No. 3 (Annexure P-1) and set aside the same, in the interest of justice. 3. Any other relief in favour of the Petitioner, which this Hon'ble Court deems fit and appropriate in facts and circumstances of the case.” 3. Learned counsel for the petitioner submits that the petitioner assails the Revenue Proceedings bearing No. 202508310300036/B121/24-25 pending before Respondent No. 3 instituted against the petitioner filed by the Respondent No. 6 who happens to have no locus at all to prefer any case 3 against the petitioner with regard to land bearing Khasra No. 390/2 area 0.60 acre and Khasra No. 390/3 area 0.50 acre both situated at Village Portha, P.H.No.20, R.I. Circle Sakti, Tahsil Sakti, District Janjgir-Champa (Chhattisgarh). Learned counsel further submits that with regard to these lands, this Court has already passed a directive order in favour of the petitioner vide order dated 20.01.2025 in WPC No.1013/2019, in which the Respondent No. 6 is not a party. Learned counsel prays for quashment of the Revenue Proceedings bearing No. 202508310300036/B121/24-25 pending before Respondent No. 3. 4. Learned counsel for the State submits that respondent No.6 has filed an application before the concerned Sub Divisional Officer (Revenue)/respondent No.3 on 7.7.2025 and thereafter the petitioner has appeared before the Court of concerned Sub Divisional Officer (Revenue) and filed objection with regard to maintainability of the application filed by respondent No.6. 5. Learned counsel for the petitioner further submits that despite the specific direction given by this Court in WPC No.1013 of 2019 and also the objection raised by the petitioner, without deciding the objection of the petitioner, the concerned Sub Divisional Officer (Revenue) has fixed the case for final order on 12.9.2025. 6. Learned counsel for the State further submits that this petition 4 may be disposed of with a direction to respondent No.3 to decide the objection raised by the petitioner in accordance with law, if not already decided. 7. Learned counsel for the State further submits that there is no such document filed by the petitioner that case is fixed for final order. In this regard, learned counsel for the petitioner submits that the case is fixed for 12.9.2025 and he has already filed an application on 10.9.2025 for obtaining certified copy of the order passed by the concerned Sub Divisional Officer (Revenue)/respondent No.3. 8. Looking to the grievance raised by the petitioner and after hearing learned counsel for the parties and looking to the entire facts and circumstances of the case, the concerned Sub Divisional Officer (Revenue)/respondent No.3 is directed to decide the objection raised by the petitioner first and then proceed further. Before deciding the objection of the petitioner, it is directed that sufficient opportunity of hearing shall be given not only to the petitioner but also to the private respondents, i.e., respondents No.6 to 8. 9. The writ petition is disposed of with the aforesaid directions. 10. Certified copy today. Sd/- (Arvind Kumar Verma) JUDGE Gopal