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2025 DAILYLAW 47672 (CHH)

GOVIND PRASAD v. STATE OF CHHATTISGARH

WPC/6086/2025 · 2025-11-20

Shri Parth Prateem Sahu

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:56724 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6086 of 2025 1 - Govind Prasad S/o Kushal Prasad Aged About 25 Years R/o Village- Sangar, Tehsil- Takhatpur, District- Bilaspur (C.G.) ... Petitioner Versus 1 - State Of Chhattisgarh Through Collector, District- Bilaspur (C.G.) 2 - Sub-Divisional Officer (Rev) Tehsil- Takhatpur, District- Bilaspur (C.G.) 3 - Tehsildar Tehsil- Takhatpur, District- Bilaspur (C.G.) 4 - Bilasa Bai Widow Of Hariram R/o Village- Khamharia, Tehsil - Takhatpur, District- Bilaspur (C.G.) 5 - Bahoran S/o Kushal Prasad R/o Village- Khamharia, Tehsil- Takhatpur, District- Bilaspur (C.G.) 6 - Dujram S/o Kushal Prasad R/o Village- Khamharia, Tehsil- Takhatpur, District- Bilaspur (C.G.) 7 - Sundarlal S/o Kushal Prasad R/o Village- Khamharia, Tehsil- Takhatpur, District- Bilaspur (C.G.) ... Respondents For Petitioner : Mr. Syed Affaque Hussain Rizvi, Advocate For Respondents No. 1 to 3/State : Ms. Poorva Tiwari, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 2 21 /11/2025 1. The petitioner has filed this writ petition seeking following reliefs:- “10.1 That, the Hon’ble Court may kindly be pleased to issue a writ of Mandamus or any other appropriate Writ, Order or Direction, directing the Respondent No. 3 (Tehsildar) to forthwith initiate,conclude and sanction the fresh Fard Partition and partition of account for the suit land in strict compliance with the Civil Court Decree dated 29.09.2019 and the findings of the SDO's Order dated 06.09.2023, within a strict time frame, preferably 90 days, to be fixed by this Hon'ble Court. 10.2 That the Hon'ble Court may issue a specific direction to the Tehsildar to ensure that the new Fard Partition Proposal is prepared by taking the current market value, type, and productivity of the land, specifically ensuring an equitable distribution of the commercially valuable portion adjacent to the Bilaspur-Mungeli main road between the two major shares, i.e., the Petitioner's group and Respondent No. 4. 10.3 That this Hon'ble Court may be pleased to pass any other relief(s) which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.” 2. Learned counsel for the petitioner submits that the Respondent No. 2/Sub-Divisional Officer (Revenue) vide order dated 06.09.02023 directed the Respondent No. 3/Tehsildar for partition of the land, subject matter of the proceedings before the Sub-Divisional Officer (Revenue), however, till date, the Respondent No. 3/Tehsildar has not initiated any proceedings for partition of the holdings. 3. He contended that the petitioner has also submitted an application on 25.10.2023, however on that application also, no order has been passed and no proceedings have been initiated. 4. On the other hand, learned counsel for the Respondents/State submits that as per her instructions, there was an error in the application submitted by the petitioner and the petitioner submitted a fresh application in the last week and it will be considered in accordance with law. 3 5. I have heard learned counsel for the parties and also perused the documents placed on record. 6. Taking into consideration, facts and circumstances of the case, submission of counsel for the respective parties and in particular, submission of counsel for the Respondent/State, this writ petition is disposed of at this stage directing the Respondent No. 3 to proceed with the application in accordance with law, pursuant to the direction issued by the Sub-Divisional Officer (Revenue) dated 06.09.2023 expeditiously and conclude the same within a further period of 06 months. 7. With the aforesaid observation and directions, this writ petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY