1 / 4 2025:CGHC:49803 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5271 of 2025 Ranjana Singh D/o Shri Shobharan Singh Aged About 49 Years R/o Manikpur S.E.C.L. Korba, Tahsil & Distt. Korba C.G. ... Petitioner versus 1 - The State of Chhattisgarh Through Its Secretary, Department of Revenue and Disaster Department, Mantralaya, Raipur C.G. 2 - The Collector, Distt. Korba C.G. 3 - The Sub Divisional Officer (R), Distt. Korba C.G. 4 - The Tahsildar, Korba Distt. Korba C.G. 5 - Sukwara Bai W/o Panchram Aged About 72 Years 6 - Firturam S/o Panchram Aged About 57 Years 7 - Firtram S/o Panchram Aged About 52 Years 8 - Chhotelal S/o Panchram Aged About 50 Years Respondent no. 5 to 8 are R/o Village Achhimar Distt. Korba, C.G. ... Respondents For Petitioner : Mr. Amit Kumar Chaki, Advocate along with Ms. Jyoti Rathore, Advocate For State : Mr. Anurag Tripathi, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 07/10/2025 1. With the consent of learned counsel for the parties, the matter is heard finally. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.10.08 14:17:14 +0530 2 / 4 2. By way of the instant petition, the petitioner has prayed for the following reliefs:- 10.1 The Hon’ble Court may kindly be please to Quash/set aside the order dated 29/11/2024 passed by respondent no. 3. 10.2 The Hon’ble Court may kindly be please to Declare the proceeding initiated and order 29/11/2024 passed respondent no. 3 as void ab initio and Quash/set aside the same. 10.3 The Hon’ble Court may kindly be please to direct the respondents not interfere with the possession of the petitioner over the property situated at Khasra No. 236/3 Rakba 0.87 Acres and situated at P. H. NO. 16, Village Korba Tahsil & Dist. Korba. 10.4 The Hon’ble Court may kindly be please to call the entire record which are related to present case. 10.5 Any other relief which this Hon’ble Court deems fit be granted and the cost of the petitioner may also kindly be awarded in favour of the petitioner. 3. The instant petition has been filed challenging the order dated 29/11/2024, passed by Respondent No.3 in Revenue Case No.202102050100012/A-23/2020-21, whereby the transfer of the land bearing Khasra No.236/3, area 0.352 hectares, situated at village Korba, P.H. No.16, District Korba, recorded in the name of the petitioner was declared fraudulent and void under Section 170-B of the C.G. Land Revenue Code, 1959. 4. Learned counsel for the petitioner would contend that the petitioner has preferred an appeal before Respondent No.2 which is pending adjudication before the Additional Collector, Korba and during the pendency of the same Respondent No.4 issued notice dated 3 / 4 25/09/2025 directing the petitioner to vacate the land by 27/09/2025. He would next contend that the petitioner is in peaceful possession of the subject land since 2007 and has purchased the same through a registered sale deed dated 06/03/2007 and petitioner’s land was duly mutated in the revenue records on 10/07/2007vide Annexure P/4. He would next contend that the civil suit filed by Respondents No.5 to 8 for declaration and permanent injunction was dismissed by the Civil Judge, Class-II, Korba on 05/08/2017 and the appeal was also dismissed on 28/09/2022. He would next contend that Respondent No.7 lodged a complaint regarding caste certificate of the petitioner and on the basis of the said complaint the District Level Caste Certificate Verification Committee, District Korba suspended the caste certificate of the petitioner without giving opportunity of hearing. He would further contend that the petitioner has preferred an appeal before the Collector, Korba under Section 44 of the Code, 1959 which is pending consideration and during pendency of the same the impugned notice dated 25/09/2025 has been issued. 5. Per contra, learned State counsel contended that as per Annexure P/8 the District Level Caste Scrutiny Committee has taken the decision and has suspended the caste certificate of the petitioner and on the basis of the same the respondent authorities are trying to demolish the house of the petitioner. 6. I have heard learned counsel for the parties at length and perused the documents with utmost circumspection. 4 / 4 7. Considering the entire facts & circumstances of the case, particularly the fact that the case of the petitioner is still pending before the high level scrutiny committee, Raipur and the petitioner is not an encroacher and has purchased the land in the year 2007 by way of a registered sale deed and it is also pertinent to mention here that Respondents No.5 to 8 have filed the civil suit against the petitioner which has been dismissed and the appeal has also been dismissed by the competent civil court and the petitioner has filed an appeal under Section 44 of the C.G. Land Revenue Code, 1959 before the Collector, therefore, the instant petition is disposed of with a direction to the Collector to decide the appeal under Section 44 of the C.G. Land Revenue Code, 1959 filed by the petitioner expeditiously as soon as possible. Till the decision of the Collector in Revenue Appeal No.202411050100054/0529/Apl. no coercive steps shall be taken against the petitioner. 8. With the aforesaid observation, the instant writ petition stands disposed of. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu