1 2025:CGHC:556 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 290 of 2024 1 - Ramprasad Rahi S/o Shri Kapilram Rahi Aged About 49 Years Resident Of Village Misda, Tehsil Shivrinarayan, District Janjgir-Champa (Chhattisgarh) (Respondent No. 8) ... Petitioner versus 1 - State Of Chhattisgarh Through- Secretary Department Of Revenue, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, Raipur, District Raipur, Chhattisgarh 2 - State Of Chhattisgarh Through- Secretary Department Of Water Resource And Irrigation, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, Raipur, District Raipur, Chhattisgarh 3 - Collector Janjgir-Champa, District Janjgir-Champa, Chhattisgarh 4 - Executive Engineer Hasdeo Water Management Division Janjgir, District Janjgir- Champa, Chhattisgarh 5 - Sub Divisional Officer (Irrigation) Janjgir Branch Canal Sub Division No. 3, Birra, District Janjgir-Champa Chhattisgarh 6 - Tehsildar Tehsil Navagarh District- Janjgir-Champa Chhattisgarh 7 - Naib Tehsildar Shivrinarayan District Janjgir-Champa, Chhattisgarh 8 - Usha Bai Sahu W/o Siyaram Sahu Aged About 52 Years Resident Of Village Misda, Tehsil Shivrinarayan, District Janjgir-Champa, Chhattisgarh (Petitioner) ... Respondent(s) For Petitioner : Mr. Ravipal Maheshwari, Advocate For State : Mr. Pramod Ramteke, Panel Lawyer (Hon'ble Shri Parth Prateem Sahu, Judge) Order on Board 06/01/2025 1. This review petition is filed seeking review of the order dated 06.08.2024 passed in W.P.C. No. 3632 of 2024 whereby writ petition was disposed of with a direction to respondents No. 4 and 5 therein to conclude proceedings initiated against respondent No. 8 pursuant to notice dated 12.05.2023 (Annexure P/5) in accordance with law. 2 2. Learned counsel for petitioner submits that applicant has filed a proceeding against proceedings initiated by Sub-Divisional Officer and in the meantime, action of demolition of the part of house of petitioner has already taken place and therefore, demolition of the part of house of petitioner was in pursuant to order dated 06.08.2024 passed in W.P.C. No. 3632 of 2024. Review petitioner was not heard while disposing of the writ petition. 3. I have heard learned counsel for petitioner and has also perused impugned order which is subject matter of review application. 4. Perusal of the order dated 06.08.2024 passed in W.P.C. no. 3632 would show that this court has not passed order on merits of the case, however, considering nature of proceedings pending since long before Sub-Divisional Officer i.e. 12.05.2023, only a direction was issued to Sub-Divisional Officer and Executive Engineer i.e. respondents No. 5 and 4 therein to conclude proceedings initiated by them within specified time. Learned counsel for petitioner has not placed before this Court copy of any order passed by Sub-Divisional Officer, however, perusal of Annexure P/2 would show that order dated 30.07.2024 passed by Sub-Divisional Officer was put to challenge in a second appeal before Commissioner, Bilaspur Division – Bilaspur and as stated by learned counsel for petitioner, second appeal is pending consideration before the Commissioner. Along with the appeal filed before commissioner, petitioner has also filed application under Section 52 of the Chhattisgarh Land Revenue Code for staying of the order passed by Sub-Divisional Officer. 3 5. In the aforementioned facts of the case when order passed by Sub- Divisional Officer on merits is already put to challenge before the Commissioner in an apeal filed under Section 44 (2) of Chhattisgarh Land Revenue Code along with an application for stay, it is for the petitioner to pursue appeal as also stay application. No ground for exercising jurisdiction of review is made out. There is no error apparent on the face of order sought to be reviewed. For the foregoing discussions, I do not find any good ground to exercise review jurisdiction. 6. Accordingly, this review petition is dismissed. Sd/- (Parth Prateem Sahu) Shayna JUDGE Digitally signed by SHAYNA KADRI