1 2025:CGHC:51643 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5454 of 2025 Raghuwar Prasad Patwa S/o Ishwar Prasad Patwa Aged About 71 Years (Aadhar No. 7151 6527 7964) R/o House No. 344, Laxmipur Bridge, Behind Carmel School, Jagatpur, Raigarh, Tahsil And District Raigarh Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Raipur Chhattisgarh 2 -The Collector Raigarh, District Raigarh Chhattisgarh 3 -The Sub Divisional Officer Raigarh, District Raigarh Chhattisgarh 4 -The Tahsildar Raigarh, District Raigarh Chhattisgarh 5 - The Patwari Patwari Halka No. 32, Village - Lamidraha, Raigarh, District Raigarh Chhattisgarh 6 - Pankaj Kumar Agrawal S/o Baijnath Agrawal, Aged Around 53 Years, R/o Raigarh, Tahsil And District Raigarh Chhattisgarh ... Respondent(s) ----------------------------------------------------------------------------------------- For Petitioners : Mr. Hari Agrawal, Advocate. For the State : Ms. Poorva Tiwari, PL. For Respondent No.6 : Ms. Pragati Pandey, Advocate. ----------------------------------------------------------------------------------------- 2 Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 16.10.2025 1. Challenge in this writ petition is to the impugned order by which, Sub-Divisional Officer/respondent No.3 has granted permission to the concerned Tahsildar to review its earlier order. Pursuant to impugned order, the Tahsildar has now initiated the review proceedings and passed the order also. The order earlier passed by the SDO granting permission to review, has been assailed on the sole ground that the said exercise has been undertaken without issuing notice to the petitioner and without affording any opportunity of hearing. 2. Learned counsel for the petitioner submits that the issue raised in this petition is no longer res integra. He submits that in identical matter WP(C) No.1422 of 2015 vide order dated 01.10.2015, this Court relying upon the judgment passed by the Division Bench of the High Court of Madhya Pradesh in case of Biharilal v. State of M.P. and others and connected matter, 2010 (2) MPHT 115 (DB) and another order of the Division Bench in the case of Shaheed Anwar v. Board of Revenue and another, 2000 RN 76 has held that the order which was sought to be reviewed and in respect of which permission was obtained from SDO was passed in favour of the petitioner and therefore, exercise of review undertaken under Section 51 of the Land Revenue Code necessarily required 3 notices to be issued to the person in whose favour the order, sought to be reviewed was passed. 3. Learned State Counsel submits that the grounds on which review has been sought are not valid. Therefore, only on this technical ground, the petitioner is not entitled to any relief. He further submits that the order passed by the authority is in accordance with law and the provision contained in Section 51 of the Chhattisgarh Land Revenue Code. 4. The issue whether issuance of notice would be necessary to the party in whose favour the order, sought to be reviewed, was passed, need not detain this Court any longer because principles of natural justice has been violated. The order which was sought to be reviewed and in respect of which permission was obtained from SDO was admittedly passed in favour of the petitioner. Therefore, exercise of review undertaken under Section 51 of the Land Revenue Code necessarily requires notices to be issued to the petitioner. In taking this view, I am supported by the order passed by the Division Bench of the High Court of Madhya Pradesh in the case of Biharilal (supra) and another order of the Division Bench in the case of Shaheed Anwar (supra). 5. In view of the above, impugned orders cannot be sustained in law and are hereby set aside. The concerned authority however shall be at liberty to initiate fresh proceedings after affording proper 4 opportunity of hearing to the petitioner and all the concerned parties. 6. The petition is accordingly allowed. Sd/- (Arvind Kumar Verma) Judge J/-