Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 22395 (CHH)

NARMADA PRASAD PATEL v. STATE OF CHHATTISGARH

WPC/787/2023 · 2026-06-18

Shri Amitendra Kishore Prasad

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:24972 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 787 of 2023 Narmada Prasad Patel S/o Late Kartik Ram Aged About 50 Years R/o Village Sothi, Tahsil Champa, District : Janjgir-Champa, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Revenue Department, Mantralaya, Nava Raipur, District : Raipur, Chhattisgarh 2 - The Commissioner Bilaspur Division, Bilaspur, District : Bilaspur, Chhattisgarh 3 - Collector Janjgir-Champa, District : Janjgir-Champa, Chhattisgarh 4 - The Sub Divisional Officer (Revenue) Champa, District : Janjgir- Champa, Chhattisgarh 5 - The Tahsildar Champa, District : Janjgir-Champa, Chhattisgarh 6 - Saheb Lal Patel S/o Late Ant Ram Patel Aged About 73 Years R/o Village Sothi, Tahsil Champa, District Janjgir-Champa (C.G.) Present R/o Indira Colony, Tarbahar, Bilaspur, Tahsil Bilaspur, District : Bilaspur, Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioner : Ms. Ankita Goswami, Advocate on behalf of Mr. Pushpendra Kumar Patel, Advocate For State : Dr. Arham Siddiqui, Panel Lawyer Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 19.06.2026 1. By filing the present petition, the petitioner has challenged the order dated 23.01.2023 passed by the Collector, Janjgir-Champa, District Janjgir-Champa in Case No.201908060100023/A-1/2018- YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.06.19 17:56:29 +0530 2 19, whereby the application preferred by respondent No.6 under Section 57 of the Chhattisgarh Land Revenue Code has been allowed, the order dated 30.09.1995 passed by the Tahsildar, Champa has been held to be without jurisdiction and set aside, and a direction has been issued for deletion of the petitioner's name from the revenue records in respect of land bearing Khasra Nos.292 admeasuring 4.14 acres and 503 admeasuring 2.81 acres, total area 6.95 acres, situated at Village Sothi, Patwari Halka No.42/131, Revenue Circle and Tahsil Champa, District Janjgir-Champa, and for recording the said land as underwater (pond). According to the petitioner, the impugned order is illegal, arbitrary and contrary to law inasmuch as the matter had already been adjudicated by the competent revenue authorities and the order of the Tahsildar dated 30.09.1995, passed pursuant to directions of the Sub-Divisional Officer, had attained finality, therefore, the Collector was not justified in entertaining and allowing the application filed by respondent No.6. The petitioner has prayed for following relief(s):- “10.1 That, this Hon'ble Court, may kindly call for the entire record in relates to the case of the petitioner. 10.2 That, this Hon'ble Court, may kindly be pleased to issued a writ / or writs/order/ or orders / to quashed the order dated 23.01.2023 (Annexure P/1), passed by the Collector, Janjgir-Champa in Case No. 3 201908060100023/A-1/2018-19, in the ends of justice. 10.3 That, any other relief, this Hon'ble Court, deem fit and proper may also kindly be granted to the petitioner, in the interest of justice. 10.4 An affidavit in support of this petition is filed herewith.” 2. Learned State counsel submits that against the impugned order dated 23.01.2023 passed by the Collector, Janjgir-Champa in Case No.201908060100023/A-1/2018-19, an efficacious alternative remedy of appeal/revision is available before the Commissioner under the provisions of the Chhattisgarh Land Revenue Code. He submits that without availing the said statutory remedy, the petitioner has directly approached this Court and, therefore, the present writ petition is not maintainable at this stage. 3. At this stage, learned counsel for the petitioner submits that the petitioner may be permitted to withdraw the present writ petition with liberty to avail the appropriate statutory remedy before the competent authority. 4. Considering the submissions advanced by learned counsel for the parties and without expressing any opinion on the merits of the case, the present writ petition is disposed of as withdrawn with liberty reserved in favour of the petitioner to assail the impugned order dated 23.01.2023 before the Commissioner by filing an 4 appeal/revision, as may be permissible in law, within a period of 15 days from the date of receipt of certified copy of this order. 5. In the event such appeal/revision is filed within the aforesaid period, the same shall be considered and decided expeditiously in accordance with law on its own merits. 6. Till then, the interim order, if any, operating in favour of the petitioner in the present writ petition shall continue. Thereafter, it shall be open for the petitioner to seek appropriate interim relief before the appellate/revisional authority, which shall consider the same in accordance with law. 7. With the aforesaid observations and liberty, the writ petition stands disposed of. Sd/- - (Amitendra Kishore Prasad) Judge Yogesh