Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:61152
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6536 of 2025 1 - Jogindar Kaur W/o Late Gurucharan Singh Pahuja Aged About 72 Years R/o Village- Kapadah, Tahsil And Police Station - Pandariya, District- Kabirdham (C.G.) 2 - Amarjeet Kaur Domir D/o Late Gurucharan Singh Aged About 50 Years R/o Village- Kapadah, Tahsil And Police Station - Pandariya, District- Kabirdham (C.G.) 3 - Pinki Saluja D/o Late Gurucharan Singh Pahuja Aged About 50 Years R/o Village- Kapadah, Tahsil And Police Station - Pandariya, District- Kabirdham (C.G.) 4 - Ravindar Kaur Saluja D/o Late Gurucharan Singh Aged About 48 Years R/o Village- Kapadah, Tahsil And Police Station - Pandariya, District- Kabirdham (C.G.) 5 - Poonam Bagga D/o Late Gurucharan Singh Pahuja Aged About 47 Years R/o Village- Kapadah, Tahsil And Police Station - Pandariya, District- Kabirdham (C.G.)
... Petitioners Versus 1 - Kesar Singh Pahuja S/o Late Gurucharan Singh Pahuja Aged About 60 Years R/o Village- Kapadah, Tahsil- Pandariya, District- Kabirdham (C.G.) Present Address - Kawardha, District- Kabirdham (C.G.) 2 - Balwant Singh Pahuja S/o Late Gurucharan Singh Aged About 55 Years R/o Shastri Marg, Kawardha, Near Gurunanak Gate, District- Kabirdham (C.G.) 3 - Roshni Saluja D/o Late Gurucharan Singh Aged About 55 Years R/o Behind Pacefic Hotel, Lajpat Roy, Ward Gondia, District- Gondia (Maharashtra)
... Respondents SHUBHAM DEY Digitally signed by SHUBHAM DEY Date: 2025.12.17 16:32:48 +0530
2 For Petitioners : Mr. Rajeev Kumar Dubey, Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD 16 /12/2025
1. The petitioner has filed this writ petition seeking following reliefs:-
“10.1 That, the Hon’ble Court may kindly be pleased to quash and set-aside the impugned order dated 19.11.2025 (Annexure P/1) passed by the learned Appellate Court i.e. learned Sub-Divisional Officer (Revenue), Pandariya, District – Kabirdham (C.G.) in Revenue
Case
No.
/E-court
NO. 202507081100040/A-6/Year 2024-25. 10.2 That, if the Hon’ble Court may kindly be pleased to restore the order dated 10.07.2025 (Annexure P/2) passed by the Court of learned Naib Tehsildar, Pandariya, District – Kabirdham (C.G.) in Revenue Case No. 202409083500021/A-6/year 2023-24 and direct the Halka Patwari to immediately mutate the names of all the petitioners jointly with respondents in the revenue records as per the said order. 10.3 That, any appropriate writ, direction or order may also kindly be passed in favour of the petitioners, which this Hon’ble Court deems fit in the
facts and circumstances of the case.”
2. Learned counsel for the petitioner submits that the petitioner is challenging the order dated 19.11.2025 passed by the Sub-Divisional Officer (Revenue) Pandariya, District – Kabirdham in exercise of jurisdiction under Section 44 of the Chhattisgarh Land Revenue Code, 1959 (hereinafter for brevity referred to as the Code, 1959). Under the provisions of Section 44 (2) the Code, 1959, second appeal is also provided against the order passed by the Sub-Divisional Officer (Revenue). Learned counsel for the petitioner has raised arguments on merits.
3. This Court in exercise of the jurisdiction under Article 226 of the Constitution of India will not consider the writ petition by-passing the statutory remedy available under the Code, 1959 of filing second appeal. The writ petition can only be entertained by-passing the statutory remedy,
3 on the ground that the order is passed without jurisdiction or in violation of the principles of natural justice. No such ground is raised in this writ petition and therefore, I am not inclined to entertain this writ petition as the petitioner is having efficacious alternate remedy available under the Code, 1959.
4. Accordingly, the writ petition is dismissed reserving liberty with the petitioner to avail the other efficacious remedy available under the Code,
1959. Office is directed to return back the certified copies of the documents enclosed along with the writ petition after retaining photocopies of the same. Certified copy as per rules. S sd/-
(Parth Prateem Sahu) Judge Dey