1 2025:CGHC:13856 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 911 of 2022 1 - Nirmal Sahu S/o Thandaram Sahu Aged About 58 Years R/o Village- Alola, P.S. Kapu, Tahsil- Dharamjaigarh, District- Raigarh (C.G.) 2 - Rakesh Sahu S/o Suklamber Sahu Aged About 20 Years R/o Village- Alola, P.S. Kapu, Tahsil- Dharamjaigarh, District- Raigarh (C.G.) 3 - Laxmi W/o Raghunath Aged About 50 Years R/o Village- Alola, P.S. Kapu, Tahsil- Dharamjaigarh, District- Raigarh (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Collector, District- Raigarh (C.G.) 2 - The Commissioner Bilaspur, Division Bilaspur (C.G.) 3 - The Tahsildar Dharamjaigarh, District- Raigarh (C.G.) 4 - Smt. Ghasnin Bai Sahu D/o Anantam Sahu, W/o Punit Ram Sahu, Caste- Teli, R/o Navrangpur Tahsil And District- Raigarh (C.G.) ... Respondent(s) (Cause-title taken from the Case Information System) For Petitioner(s) : Mr. Atul Gavel, Advocate appearing on behalf of Mr. Ajeet Kumar Yadav, Advocate For Respondent(s) : Mr. Anmol Sharma, Panel Lawyer SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 22.03.2025 1. Petitioners have filed this writ petition seeking following reliefs :- “10.1 That this Hon'ble Court may kindly be pleased to call the records of the case. Digitally signed by SHAYNA KADRI 2 10.2 That this Hon'ble Court may kindly be pleased to issue an appropriate writ/order, thereby directing the respondent no. 2 to take appropriate action on the complaint made by the petitioner (Annexure P/4). 10.3 That any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of the petition may be given.” 2. Learned counsel for petitioners submits that the lands bearing khasra no. 19/1, 49/1, 75/1-A/2, 99/2, 144/1, 145/1, 176/2 & 188 total admeasuring area 0.20/0.081 hectare situated at Village-Alola, P.H.No. 54, Tahsil-Dharamjaigarh, District-Raigarh (C.G.) are jointly recorded in the name of petitioners and other family members. The respondent no. 4 has already obtained her share over the ancestral property and she has sold out her share to the other persons. Without arraying the petitioners, the respondent no. 4 filed an application before the Tahsildar / respondent no. 3, claiming her share over the disputed ancestral property. The Tahsildar / respondent No. 3 without affording any opportunity of hearing, without serving any notice to the petitioners, on 23.12.2020, has passed the final order, whereby directed that 1/2nd of the ancestral property be recorded in the name of respondent no. 4. As the petitioners were not the parties in the aforesaid proceedings, therefore the petitioners were not aware about the order of the Tahsildar and after knowledge of order, the petitioners filed a complaint before the respondent no. 2, however, till date the respondent no. 2 has not taken any action on the complaint made by the petitioners. 3. When queried about the petitioners' locus standi, the learned counsel for the petitioners was unable to provide a satisfactory response. 3 4. Even otherwise also, if petitioners are having any grievance, they should approach before the Appellate Authority. If any order has been passed without giving proper opportunity of hearing to the petitioners, they have to file an appeal before the concerned Appellate Authority i.e. Sub-Divisional Officer (Revenue), Dharamjaigarh, which petitioners has not done. 5. This writ petition is lying pending since 21.02.2022, even notices were not issued on that particular date and learned counsel for petitioners had prayed for time and the matter was adjourned. Despite the lapse of nearly three years, counsel for the petitioner has failed to take necessary steps to have the case listed. In view of this inordinate delay and lack of diligence, this petition is devoid of merit and is hereby dismissed. 6. Accordingly, this writ petition is dismissed. Sd/- (Amitendra Kishore Prasad) Judge Shayna