Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:49388
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5145 of 2025 1 - Pardesh Kumar S/o Rambali, Aged About 42 Years Caste - Satnami, R/o Village - Nandeli, Tahsil Jaijaipur, District - Sakti (C.G.) 2 - Ramesh Kumar S/o Rambali, Aged About 30 Years Caste - Satnami, R/o Village - Nandeli, Tahsil Jaijaipur, District - Sakti (C.G.) 3 - Amrka Bai D/o Rambali, Aged About 29 Years Caste - Satnami, R/o Village - Nandeli, Tahsil Jaijaipur, District - Sakti (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through - Secretary, Department Of Revenue Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District - Raipur (C.G.) 2 - Collector, District Sakti (C.G.) 3 - Sub Divisional Officer (R), Sakti, District Sakti (C.G.) 4 - Tahsildar, Tahsil Jaijaipur, District Sakti (C.G.) 5 - Mahettar, S/o Guhara, Aged About 57 Years R/o Village - Nandeli, Tahsil Jaijaipur, District Sakti (C.G.) 6 - Kanhaiya, S/o Guhara, Aged About 48 Years R/o Village - Nandeli, Tahsil Jaijaipur, District Sakti (C.G.)
----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Jeet Ram Patel, Advocate For Respondent : Mr. Risabh Bisen, P.L. Hon’ble Shri
Arvind Kumar Verma, Judge
Order on Board 26/09/2025
1. The instant writ petition is being preferred against the order dated 21.07.2025, (Annexure P-1), whereby the respondent no. 3 i.e. Sub Divisional Officer Sakti, District Sakti, (C.G.) has allowed the Digitally signed by JYOTI JHA Date: 2025.10.07 11:31:49 +0530
2 application filed by the respondent no. 5 & 6 under section 115 of Chhattisgarh Land Revenue Code for correction of revenue record, whereas without affording proper opportunity of hearing to the petitoners to submit their reply, even participate in hearing regarding such application the impugned order has been passed illegally, hence this petition.
2.
Learned counsel for the petitioner submits that respondent no. 5 & 6 has filed application before the respondent no. 3 under section 115 of Chhattisgarh Land Revenue Code for correction on the revenue record stating that the their ancestral property bearing Khasra No. 193/9 area 0.07 acre (0.0280 Hec.) land is situated at village Nandeli Tahsil Jaijaipur, District Sakti, which were entered in the name of the respondent no. 5 & 6 in the years 2006-07 & 2009-10, even in the year 2017-2018. The respondent no. 5 & 6 has been stated in his application that the such land has not been sold to any one by them neither given in mortgage nor transferred to any one, even thereafter in the revenue records of the yar 2022- 23 the name of petitioners have been showen and entered their names by mistake. That, the respondent no. 5 & 6 further mentioned their application that the such information being acknowledeged when they to take copy of the B-1, Khasra, then they filed such applicaation, so that in future not come complication in family partition. That, the respondent no. 3 has forwarded the matter before the respondent no. 4 i.e. Tahsildar, Jaijaipur for taking openion regarding such application the correction of land could be done or not, therefore sought clear openion and inquiry report. The respondent no. 4 i.e. Tahsildar,
3 Jaijaipur proceeded the matter sine 04.12.2024 Village Ishtahar publication was done and from the concerned halka Patwari patwari report has been called, the petitioner has been issued the copy of application, even the respondent no. 5 & 6 is being not appeared continued before the responde no. 4 during hearing since 19.12.2024 to 15.01.2024 and on hearing dated 29.01.2025 last opportunity has been given to the respondent no. 5 & 6 and notice has been issued and on 16.04.2025 the matter was listed for submitting the reply by the petitoners and next hearing date i.e. 30.04.2025 due to presiding officer was on Govt. duty the same was adjourned. That, the respondent no. 4 has completed the inquiry and on 05.07.2025 the matter was forwarded before the respondent no. 3 with openion that the land bearing khasra no. 193/9 area 0.028 was wrongly entered in the name of the petitioners, and same should be corrected in the name of respondent no.
5 & 6, and on the basis of such report the respondent no. 3 has issued the impugned order dated 21.07.2025, where by the respondent no. 3 has directed the respondent no. 4 to regarding concerned land the correctioned be made and entered the name of the respondent no.5 & 6. Hence this petition. 3.
Learned counsel for respondents that with regard to the grievance of the petitioner, there is an alternative remedy is available to petitioner to file appeal under Section 44 of CG Land Revenue Code 1959.
4. I have heard learned counsel for the parties and perused the
4 material available on record.
5. Considering the submission of the respondents and considering the facts and circumstances of the case, this Court is of the opinion that there is an alternative remedy is available to the petitioner under Section 44 of the CG Land Revenue Code 1959. The petitioner is at liberty to file appeal under Section 44 of the CG Land Revenue Code.
6. Accordingly, the present writ petition stands dismissed.
7. Subject to the petitioner furnishing photocopy of the documents, the certified copy shall be return to the petitioner. Sd/-
(Arvind Kumar Verma) Judge Jyoti