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2026 DAILYLAW 12099 (CHH)

Radhika Patel v. STATE OF CHHATTISGARH

WPC/2818/2021 · 2026-04-26

Shri Naresh Kumar Chandravanshi

body2026

Judgment text

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1 2026:CGHC:19250 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2818 of 2021 Radhika Patel W/o Late Vidyanand Patel, Aged About 78 Years R/o Ward No. 42, Devnandan Nagar, Phase-Ii, In Front Of Rama Green City, Baima Nagoi Road, Bilaspur, Tahsil And District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Petitioner. Versus 1 - State Of Chhattisgarh, Through The Collector, Bilaspur, District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 2 - The Sub - Divisional Officer (Revenue), Bilaspur, District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 3 - The Naib Tahsildar, Bilaspur, District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 4 - J.P. Sahu R/o Main Road, Devnandan Nagar, Phase-1, Sarkanda, Bilaspur, Tahsil And District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 5 - Girdharilal Sahu, R/o Main Road, Devnandan Nagar, Phase-1, Sarkanda, Bilaspur, Tahsil And District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 6 - Ram Dilesar Sahu S/o Jaitram Sahu, R/o Main Road, Devnandan Nagar, Phase-1, Sarkanda, Bilaspur, Tahsil And District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Respondents. (cause title downloaded from CIS Periphery) Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN 2 For Petitioner : Mr. Gaurav Singhal, Adv on behalf of Mr. Gautam Khetrapal, Advocate. For Res No.1 to3/State : Mrs. Akansha Verma, Panel Lawyer. For Res No.6 : Ms. Sharmila Singhai, Senior Adv with Ms. Kanchan Kalwani, Advocate and Ms. Gaytri Sahu, on behalf of Mr. Neelkanth Malviya, Advocate. (Hon’ble Shri Justice Naresh Kumar Chandravanshi ) Order on Board 27/04/2026 1. This Writ Petition under Article 226 of the Constitution of India has been filed for the followings reliefs:- "10.1 That, the Hon'ble Court may kindly be pleased to call the entire records relating to the case of the petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondent No.2 to forthwith send the records related to case of petitioner mentioned in dispatch register of year 2019-20 at serial no. 57 dated 15.06.2021 bearing case No. 202106074500002/A-70/20-2021 to the respondent no. 3 for further proceedings, in accordance with law. 10.3 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondent no. 1 Collector, Bilaspur for acting upon the complaint made by the petitioner and to take appropriate disciplinary action against the respondent no. 2, in accordance with law. 10.4 Any other relief deems fit in the present facts and circumstances of this case may also be awarded to the petitioner." 2. Learned counsel for the petitioner submits that the petitioner has filed an application under Section 250 of the Chhattisgarh Land Revenue Code, 1959 (henceforth "the Code, 1959") before the Naib Tahsildar, Bilaspur, which was registered as E-Court No.202106074500002/A-70/20-21. He further submits 3 that on account of a demarcation alleged to be conducted in absence of respondent No. 6, a stay order was granted by the Naib Tahsildar, therefore, respondent No.6 filed an application for the transfer of the aforesaid revenue case under Section 30 of the Code, 1959, before the Sub-Divisional Officer (Revenue). Thereafter, the SDO (Revenue) called for the record of the aforesaid revenue case. Due to such transfer of the record, the revenue case remained pending before the Naib Tahsildar. Hence, the SDO (Revenue), Bilaspur (respondent No.2), may be directed to send back the aforesaid revenue case for proper adjudication. Counsel also submits that since respondents No.4 to 6 violated the stay order passed by the Naib Tahsildar, the petitioner filed an application (Annexure-P/6) before the Collector, but the same has not been decided till date. 3. In reply, learned State counsel for respondents No.1 to 3, referring to the reply filed, submits that the said revenue case has already been transferred to the Tahsildar vide order dated 28.06.2021 (Annexure-R/2) because the Sub-Divisional Officer (Revenue) allowed the transfer application preferred by respondent No.6 under Section 30 of the Code, 1959. Learned State counsel also submits that if the petitioner has any grievance in respect of the violation of the aforesaid order, then he may file an appropriate application before the Tahsildar, Bilaspur, to whom the case has been transferred. 4. Learned counsel for respondent No.6 opposes the prayer of the petitioner and concedes to the submission of the learned State counsel. 5. Heard learned counsel for the parties and perused the record. 6. From a perusal of the order dated 28.06.2021 (Annexure-R/2) passed by the Sub-Divisional Officer (Revenue), Bilaspur, in Case No. 38/B-121/2020-21, it appears that Relief No.10.1 sought by the petitioner has already been 4 addressed in the aforesaid order, as the said Revenue Case E-Court No. 202106074500002/A-70/20-21 has been ordered to be transferred to the Tahsildar, Bilaspur, in pursuance of the application filed by respondent No. 6 under Section 30 of the Code, 1959. 7. So far as the second prayer is concerned, if the petitioner has any grievance in respect of the alleged violation of the stay order, the petitioner may avail appropriate remedy before the Tahsildar, Bilaspur, in accordance with the law. 8. With the aforesaid observations, this writ petition is disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Ajay