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2025 DAILYLAW 52939 (CHH)

SIRSAN NAGESHWAR RAO v. STATE OF CHHATTISGARH

WPC/1114/2022 · 2025-10-06

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:49822 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1114 of 2022 • Sirsan Nageshwar Rao Son Of Late Shri S. Batkaiya Aged About 53 Years Resident Of Village- Darapara, Bijapur, Tahsil And District- Bijapur (Chhattisgarh). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mantralaya, Mahanadi Bhawan, New Raipur (Chhattisgarh) 2 - The Collector Bijapur, District- Bijapur (Chhattisgarh) 3 - The Sub-Divisional Officer (Revenue) Bijapur, District- Bijapur (Chhattisgarh) 4 - The Tahsildar Bijapur, District- Bijapur (Chhattisgarh) 5 - P. Rakesh Kumar (Deleted) As Per Honble Court Order Dated 07-10-2025. 6 - Abdul Jamil Khan Son Of Ahmed Khan Resident Of Bijapur, District- Bijapur (Chhattisgarh) 7 - The Commissioner Bastar Division, Jagdalpur, District-Bastar (Chhattisgarh). ... Respondent(s) ----------------------------------------------------------------------------------------- For Petitioner : Mr. KK Pandey, Advocate. For Respondent-State : Mr. Praveen Das, Dy. AG. For Respondent No.6 : Mr. Siddharth Rathod, Advocate. ----------------------------------------------------------------------------------------- 2 Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 07.10.2025 1. With the consent of the parties, matter is heard finally. 2. Petitioner has filed this writ petition with following reliefs: “10.1 That, this Hon'ble Court may kindly be pleased to call the entire records pertaining to the case of petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby setting-aside the impugned order dated 15.11.2021 (Annexure P/1) 10.3 That, this Hon'ble Court may kindly be pleased to issue appropriate, thereby directing to conduct demarcation of land khasra no. 128 situated at Bijapur, P.H.No. 13, R.I.C., Tahsil & District-Bijapur (C.G.) by the team headed by the Commissioner, Bastar Division Jagdalpur, District-Bastar (C.G.). 10.4 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given” 3. Learned counsel for the petitioner would submit that the impugned order is unsustainable and bad in law and deserves to be set aside. 4. Learned counsel for the respondents/State contended that petitioner is having efficacious alternate remedy to file an appeal/revision before the concerned Commissioner under Section 44(2) of the Chhattisgarh Land Revenue Code, 1959 (for brevity 3 'Act of 1959') against the impugned order Annexure P-1. 5. In view of above, this Court is not inclined to entertain this writ petition at this stage. 6. Accordingly, writ petition is disposed of giving liberty to the petitioner to file an appeal/revision before the concerned Commissioner in accordance with law under Section 44(2) of the Act of 1959. 7. Registry is directed to return back certified copies of the documents/order to counsel for the petitioner after retaining photocopies of the same on record. CC as per rules. Sd/- Sd/- (Arvind Kumar Verma) Judge J/-