1 2025:CGHC:6056 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 156 of 2021 1 - Akshay Dani S/o Madhusudan Dani @ Dhananjay Dani Aged About 35 Years R/o Village Kachna, Tahsil Kurud, District Dhamtari Chhattisgarh Presently Residing At Ratanshri B-70, Shailendra Nagar Raipur Tahsil And District Raipur Chhattisgarh 2 - Kaustub Dani S/o Madhusudan Dani @ Dhananjay Dani Aged About 40 Years R/o Village Kachna, Tahsil Kurud, District Dhamtari Chhattisgarh Presently Residing At Ratanshri B-70, Shailendra Nagar Raipur Tahsil And District Raipur Chhattisgarh ... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Revenue Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur District Raipur Chhattisgarh 2 - The Chhattisgarh Board Of Revenue Bilaspur Circuit Court Raipur Chhattisgarh State Of Chhattisgarh District Raipur Chhattisgarh 3 - Sarpanch Village Panchayat Kachna, Tahsil Kurud, District Dhamtari Chhattisgarh ---- Respondents For Petitioners : Mr. Mayank Chandrakar, Advocate. For Respondent/ State : Mr. Vinay Pandey, Dy. A.G. For Respondent No.3 : Mr. Saurabh Gupta, Advocate holding the brief of Mr. Sourabh Sharma, Advocate. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 03.02.2025 1. The petitioners have filed this petition seeking the following relief(s):- Digitally signed by SMT NIRMALA RAO -2- “10.1 To call for the records of the case for the kind perusal of this Hon'ble Court. 10.2 To issue an appropriate writ or order and declare the order dated 23.12.20 as illegal and bad in law. 10.3 To issue an appropriate writ or order and direct the private Respondent to file an appropriate application and after giving proper opportunity of hearing to the petitioners the respondent no.2 pass the appropriate order. 10.4 Any other relief deemed fit in the facts and circumstances of the case may also be granted.” 2. Learned counsel for the petitioners would submit that the petitioners are residents of Gram Panchayat Kachna, Tehsil Kurud, District Dhamtari, and they are in possession of land bearing Survey No. 269, admeasuring 7.68 hectares, and a part of Survey No.1163, admeasuring 17.45 hectares. A complaint was made against the petitioners regarding encroachment on the government land, and a proceeding under Section 248 of the Chhattisgarh Land Revenue Code, 1959, was initiated by the Tehsildar. The Additional Tehsildar, Bhakhara passed an order against the petitioners on 18.8.2010, and the same was challenged by filing a revision before the Board of Revenue. He would further submit that the Board of Revenue vide order dated 10.11.2010 allowed the revision. He would contend that the order passed by the Board of Revenue was challenged by the then Sarpanch Smt. Rajkumari Sahu by filing a writ petition before this Court i.e. WP(227) No. 392 of 2011 and that petition was disposed of and the matter was remitted back to the Board of Revenue to decide it afresh after 3 affording a due opportunity of hearing. He would also submit that the Board of Revenue without there being any application arrayed Sarpanch, Gram Panchayat as a party respondent in the pending revision, and fixed the matter for final hearing. He would further contend that as there was no application, the learned Board of Revenue committed an error of law in impleading Sarpanch, Gram Panchayat as a party respondent. He would also contend that the learned Board of Revenue ought to have afforded sufficient opportunity to the interested parties to contest the case, but the case was fixed for final hearing. 3. On the other hand, learned counsels for the respondents would oppose the submissions made by counsel for the petitioner. They would submit that, in the revision petition, the Sarpanch, Gram Panchayat Kachana was not impleaded as a party, and the order passed by the Additional Tehsildar Bhakhara was set aside vide orders dated 28.6.2010 & 18.8.2010. They would contend that order was challenged by filing a writ petition before this Court and the matter was remitted back to the Board of Revenue. They would further contend that the Board of Revenue, pursuant to the order passed by this Court in WP(227) No.392 of 2011, permitted the Gram Panchayat to participate in the proceeding. Therefore, the petition filed by the petitioners is misconceived and deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the documents present on the record. 5. Admittedly, a proceeding under Section 248 of the Chhattisgarh -4- Land Revenue Code was initiated against the petitioners, and the final order was passed by the Additional Tehsildar Bhakhara vide order dated 18.8.2010. The petitioners directly challenged that order by filing a revision before the Board of Revenue and the same was allowed vide order dated 10.11.2010. It appears that the Gram Panchayat Kachana was not impleaded as a party, and therefore, the order was challenged by filing WP(227) No. 392 of 2011. This was allowed, and the matter was remitted back to the Board of Revenue to provide an opportunity of hearing to the parties and to pass the order afresh. The parties appeared before the Board of Revenue and the Sarpanch, Gram Panchayat Kachana was afforded an opportunity and was impleaded as a party in that proceeding as well. The decision was taken by the Board of Revenue vide order dated 23.12.2020, pursuant to the order passed by the High Court in WP(227) No.392 of 2011. Therefore, the contention made by counsel for the petitioners is not acceptable. 6. Learned Board of Revenue has passed an order to post the matter for final hearing, but this does not mean that the matter has already been fixed for final hearing, however, the Board of Revenue shall provide a due opportunity for hearing to the interested parties at the time of final hearing. 7. Accordingly, the present petition is disposed of and the interim order granted earlier is hereby vacated. Sd/- (Rakesh Mohan Pandey) Judge Nimmi