1 2025:CGHC:4137 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 70 of 2025 1 Arun Kumar @ Arun Kumar Gupta S/o Late Ayodhya Prasad Gupta Aged About 71 Years R/o Village Bhatko, Tahsil Batauli, District Sarguja (Chhattisgarh) Presently Resided At- Bauripara, Ambikapur, District Sarguja (Chhattisgarh) ... Petitioner(s) versus 1 State Of Chhattisgarh Through Secretary, Department Of Law And Legislature, New Mantralaya, New Raipur (Chhattisgarh) 2 State Of Chhattisgarh Through Secretary, Department Of Revenue, New Mantralaya, New Raipur (Chhattisgarh) 3 Collector District Sarguja (Chhattisgarh) 4 The Sub Divisional Officer (Rev.) Sub Division- Sitapur, Tahsil Batauli, District Sarguja (Chhattisgarh) 5 The Tahsildar Tahsil Batauli, District Sarguja, Chhattisgarh 6 Ishwar Chand Yadav The Then Tahsildar, Tahsil Batauli, District Sarguja (Chhattisgarh) Presently Posted As Tahsildar, Tahsil Darima, District Sarguja (Chhattisgarh) 2 7 Rajeshwar Working As Naib Nazir, Office Of Tahsildar, Tahsil Batauli, District Sarguja (Chhattisgarh) ... Respondent(s) For Petitioner(s) : Shri A.N. Bhakta, and Vivek Bhakta, Advocate For Respondent(s) / State : Shri Praveen Das, Dy. A.G. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 23/01/2025 Heard. 1. The petitioner preferred the instant MCC for modification of the order dated 6-1-2025 passed in WPC No.5 of 2025 on the ground that certain clerical/typographical errors occurred in the said order. 2. On due consideration, the order dated 6-1-2025 passed in WPC No.5 of 2025 is modified; paras 1 to 6 of the said order are hereby deleted; and in its place the following be read : 1) Petitioner has filed this writ petition seeking for following reliefs : 10.1 That the Hon'ble Court may kindly be pleased to call for the entire records of the case from the authorities concerned for its kind perusal. 10.2 That the Hon'ble High Court may kindly be pleased to set-aside the order dated 20.02.2024 (ANN P-1) passed by the Permanent Lok Adalat (Public Utility Services), Ambikapur, District Sarguja (C.G.) vide Permanent Lok Adalat Case No. 138/2023. And further be directed to pass the order by duly constituted Permanent Lok Adalat, Sarguja, Ambikapur within stipulated period, in the interest of justice. 3 10.3 Any other relief, which this Hon'ble High Court deems fit and proper be also awarded. 2) It is undisputed that the owner of the land in question bearing Khasra No. 1190/124, area 2.023 Hectares, Village Bhatko, Patwari Halka No.04, Tahsil Batauli, District Sarguja, was Bhagmaniya was the grandmother of the present Petitioner. After the deathof said Bhagmaniya, names of her legal representatives were mutated in the revenue records (Including the name of petitioner) by the Revenue Authorities vide mutation order dated 14.04.1992. In the meanwhile, the Petitioner made an application before the Revenue authorities to provide a copy of the B-1 of 1997-98 before the Naib Nazir, on 19.06.11. Thereafter, documents were prepared by the Office of the Naib Nazir but the then Tahsildar neither signed nor supplied the copy of said revenue document (B-1 of 1997-98), therefore the Petitioner made an application before the concerned Sub Divisional Officer (Rev.) on 26.07.2023, thereafter before the Collector Sarguja on 28.08.2023, however the said authorities did not respond the application of the Petitioner therefore the Petitioner was constrained to file application on 26.09.2023 before the Permanent Lok Adalat vide Case No. 138/2023. Said application was rejected by the Permanent Lok Adalat in an arbitrary manner without fulfilling the Coram of the Permanent Lok Adalat and also the observation made by the members of the Committee with regard to title of the suit property, which is not within the 4 jurisdiction of the Permanent Lok Adalat. Hence this petition. 3) Learned counsel for the petitioner submits that the impugned award passed by the Permanent Lok Adalat is illegal and without jurisdiction. The dispute raised by petitioner before the Permanent Lok Adalat is considered and adjudicated by two members only i.e. Chairman and one Member, and not by duly constituted Permanent Lok Adalat consisting of three members and therefore, the impugned award is void ab initio. To substantiate his submission reference has been made to the decision of the Division Bench of this High Court in the matter of Arshad Ahmad vs. State of CG & ors, reported in 2024 (1) CGLJ 223 (DB). 4) Learned State Counsel has supported the impugned award. 3. Paras 7 to 21 of the order dated 6-1-2025 passed in WPC No.5 of 2025 now be read as paras 5 to 19. 4. Copy of this order be placed in the record of WPC No.5 of 2025 and further it be read along with the order dated 6-1-2025 passed in the said writ petition. 5. With the aforesaid modifications, the instant MCC stands disposed of. Sd/- (Bibhu Datta Guru) JUDGE Jyoti