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2025:CGHC:55495
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5934 of 2025 1 - Ranjit Singh S/o Harbans Aged About 66 Years R/o E-3, Ratan Palace, Katoratalab Raipur, Tahsil And District- Raipur (C.G.) 2 - Smt. Jasvinder Kaur W/o Ranjit Singh Aged About 63 Years R/o E-3, Ratan Palace, Katoratalab Raipur, Tahsil And District- Raipur (C.G.)
... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Naya Raipur Atal Nagar, District- Raipur (C.G.) 2 - The Divisional Commissioner Durg, Division And District- Durg (C.G.) 3 - The Collector Durg, Collectorate Office, District- Durg (C.G.) 4 - The Sub Divisional Officer (Revenue), Patan District- Durg (C.G.) 5 - The Patwari Patwari Halka No. 7, Village Mahuda Tahsil Patan District- Durg (C.G.) 6 - Dashrath S/o Rikhi Ram R/o Village Mahuda Tahsil Patan District- Durg (C.G.) ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.11.17 18:03:43 +0530
2 7 - Heera Bai Patel W/o Late Kejram Alias Kejuram Patel R/o Village Mahuda Tahsil Patan District- Durg (C.G.) 8 - Vyasnarayan Patel S/o Late Kejram Patel Alias Kejuram Patel R/o Village Mahuda Tahsil Patan District- Durg (C.G.) 9 - Dilip Patel S/o Late Kejram Patel Alias Kejuram Patel R/o Pragati Nagar, Mova Raipur Tehsil And District- Raipur (C.G.)
... Respondents For Petitioner : Mr. Animesh Verma, Advocate For Respondent-State : Mr. Pranjal Shukla, Panel Lawyer Hon’ble Shri Justice Parth Prateem Sahu, Judge Order on Board 13.11.2025
1. Learned counsel for petitioner submits that petitioner has already challenged order passed by Collector dated 30.08.2024 before the Commissioner in an appeal under Section 44(1) of the Chhattisgarh Land Revenue Code, 1959 along with an application under Section 52 for grant of Interim Relief, however, application for grant of Interim Relief has been rejected and therefore, this writ petition is filed. He also pointed out the order of Collector has also been put to challenge in this writ petition. 2. Considered the submission made by counsel for petitioner,undisputedly petitioner has already questioned the order of Collector in an appeal as provided under Section 44(1) of the Chhattisgarh Land Revenue Code, 1959 which is pending consideration and therefore, a parallel proceeding by filing writ petition cannot be entertained permitting to challenge order of Collector. 3.
So far as the second submission of counsel for petitioner that interim application is rejected therefore, this Court may protect the interest of petitioner till the pending appeal is considered on merits. Petitioner is
3 having an alternate efficacious remedy to challenge the order of rejection of application for grant of Interim Relief by way of filing a revision before the Chhattisgarh Board of Revenue under provisions of Section 50 of the land of Revenue Code and therefore, in the facts and circumstances of the case, I am not inclined to entertain this writ petition, accordingly it is dismissed, however, petitioner will be at liberty to file appropriate proceedings before the board of revenue if he so desires against the order of 26.09.2024. 4. Considering the fact that the revision application filed by the petitioner is pending since September, 2024, the Commissioner Durg Division, Durg is directed to conclude the proceedings of hearing of the appeal in case no. 433/A-74/2023-2024 expeditiously preferably within further period of 4 months from the next date of hearing. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge alfiza