1 2025:CGHC:61804 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6649 of 2025 1. Deshman Pandey S/o Late Ramprasad Pandey Aged About 57 Years R/o Village- Barkai, Tahsil- Makdi, Distt.- Kondagaon (C.G.) 2. Deshlal Pandey S/o Late Ramprasad Pandey Aged About 51 Years R/o Village- Barkai, Tahsil- Makdi, District- Kondagaon (C.G.) 3. Basant Pandey S/o Late Ramprasad Pandey Aged About 41 Years R/o Village- Barkai, Tahsil- Makdi, District- Kondagaon (C.G.) 4. Kishan Prasad Pandey S/o Late Sonuram Pandey Aged About 60 Years R/o Village- Barkai, Tahsil- Makdi, District- Kondagaon (C.G.) ... Petitioners versus 1. State of Chhattisgarh Through- The Secretary, Department of Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur (C.G.) 2. Collector Kondagaon, District- Kondagaon (C.G.) 3. Sub Divisional Officer (Revenue) Sub Division Kondagaon, District- Kondagaon (C.G.) 4. Tahsildar Makdi, District- Kondagaon (C.G.) 5. Manbahal S/o Itwarilal R/o Village- Barkai, Tahsil- Makdi, District- Kondagaon (C.G.) SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI Date: 2025.12.24 13:26:33 +0530 2 6. Station House Officer Police Station- Farasgaon, District- Kondagaon (C.G.) ... Respondent(s) For Petitioners : Mr. Pritam Singh, Advocate For Respondents : Mr. Satish Gupta, Govt. Advocate SB: Hon'ble Shri Justice Parth Prateem Sahu Order on Board 19/12/2025 1. Petitioners have filed this petition seeking following reliefs:- “10.1. That, the Hon’ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ setting aside order dated 08.11.2016 (Annexure P/1), passed by Tahsildar Makdi, Distt. Kondagaon in Revenue Case No.02/A-70/2015-16, in the interest of justice. 10.2.That, the Hon'ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ setting- aside order dated 16.01.2017 (Annexure P / 2 ) passed by Sub Divisional Officer (Revenue) Kondagaon, Distt Kondagaon in Revenue Case No. 02/A-70/2016-17, in the interest of justice. 10.3.That, the Hon'ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ setting- aside order dated 15.03.2022 (Annexure P / 3 ) , passed by Commissioner, Bastar Division, Jagdalpur Distt Bastar in Appeal Case No. 201703950100001/55/A-70/2016-17, in the interest of justice. 10.4.That, the Hon'ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate 3 writ setting- aside order dated 04.12.2025 (Annexure P / 5 ) passed by Tahsildar Makdi, Distt Kondagaon in Case No. 202204201700016/A-70/2021-2022, in the interest of justice. 10.5.That, the Hon'ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ setting- aside order dated 09.12.2025 (Annexure P / 6 ) passed by Tahsildar Makdi, Distt Kondagaon, in the interest of justice. 10.6. That, the Hon'ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ directing the respondents to not to interfere with peaceful possession of the petitioner on land bearing khasra no. 151/3, rakba 0.50 hectare situated at P.H. No. 01, village Barkai, Tahsil Makdi, Distt Kondagaon, in the interest of justice. 10.7.Any other relief which this Hon'ble Court may deem and proper in the present circumstances of the case.” 2. Learned counsel for petitioner submits that an order under Section 250 of the Chhattisgarh Land Revenue Code, 1959 (for short ‘the Code of 1959’) against the petitioners was passed on 8.11.2016 which was unsuccessfully challenged by petitioners before respondent No.3-SDO as also the Commissioner. Petitioners thereafter filed a civil suit seeking permanent injunction along with an application under Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908 for grant of temporary injunction. Learned trial Court allowed 4 application and granted temporary injunction in favour of petitioners for a period of six months. Subsequently, on an objection being raised by defendants therein that the suit for permanent injunction alone is not maintainable in absence of any relief of declaration of title, petitioners have withdrawn the suit with liberty to file afresh and thereafter filed fresh civil suit along with injunction application. This civil suit is registered as C.S. No.10A/2025 and the same is pending consideration. Hence, a direction be issued to civil Court concerned to decide injunction application of petitioners at the earliest. 3. Heard learned counsel for the petitioners and perused the documents annexed along with writ petition. 4. Respondent No.5 submitted an application under Section 250 of the Code of 1959 before the Tahsildar, Maakdi which was allowed. Order of Tahsildar was put to challenge by petitioner in an appeal filed under Section 44 (1) of the Code of 1959 before respondent No.3, which was dismissed vide order dated 16.1.2017. Second appeal filed by petitioners also came to be dismissed vide order dated 15.3.2022. The order passed in second appeal was not put to further challenge in revision before the Board of Revenue, instead petitioners chose to file civil suit that too only for grant of permanent injunction and not for any other reliefs. Said civil suit was withdrawn by petitioners on 3.1.2025 with liberty to file afresh 5 and as submitted by learned counsel for petitioners, fresh civil suit is also filed on 5.5.2025 which came to be registered as C.S. No.10A/2025. According to proceeding of second civil suit obtained online by petitioners would show that it is pending consideration. Relief of a direction to civil Court to consider the application for grant of injunction filed along with civil suit cannot be considered in this proceeding registered under the heading ‘WPC’. Under the Chhattisgarh High Court Rules and Orders, separate remedy is provided to the parties in this regard i.e. of filing writ petition under the head ‘WP(227)’. 5. In the aforementioned facts of the case, relief as prayed and also submission of learned counsel for petitioners cannot be considered by this Court and therefore, the writ petition is dismissed. Sd/- (Parth Prateem Sahu) Judge roshan/-