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2026 DAILYLAW 22526 (CHH)

LUKESHWAR PRASAD PATEL v. STATE OF CHHATTISGARH

WPC/2351/2022 · 2026-06-17

Shri Amitendra Kishore Prasad

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Judgment text

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1 2026:CGHC:24615 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2351 of 2022 1 - Lukeshwar Prasad Patel S/o Late Shri Rupdhar Singh Patel Aged 95 Years R/o Village Bhedikona, Post Churaghanta, Tahsil Dabhra, District – Janjgir-Champa (CG) 2 - Suresh Kumar Patel S/o Late Shri Amrit Lal Patel, Aged 56 Years R/o Village Bhedikona, Post Churaghanta, Tahsil Dabhra, District - Janjgir-Champa Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Agriculture, Capital Complex, Atal Nagar, Raipur District Raipur Chhattisgarh. 2 - The Collector (Food) Janjgir Champa, District - Janjgir-Champa Chhattisgarh 3 - The Tahsildar Dabhara, District - Janjgir-Champa Chhattisgarh 4 - Gourishankar Patel S/o Late Shri Krishnalal Patel, Aged 54 Years R/o Village Bhedikona, Tahsil Dabhara, District - Janjgir-Champa Chhattisgarh 5 - Harishankar Patel S/o Late Shri Krishnalal Patel R/o Village Bhedikona, Tahsil Dabhara, District - Janjgir-Champa Chhattisgarh 6 - Chhattisgarh State Co-operatve Marketing Federation, Through the Managing Director, Raipur Chhattisgarh. ... Respondent(s) SHYNA AJAY Digitally signed by SHYNA AJAY Date: 2026.06.22 11:08:02 +0530 2 (Cause Title downloaded from CIS Periphery) For Petitioner(s) : Mr. Sudeep Johri, Advocate and Mr. JK Gupta, Advocate For Respective Respondents : Mr. Sourabh Sharma, Advocate, Mr. Bharat Sharma, Advocate and Mr. SS Choubey, Government Advocate SB: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 18/06/2026 1. By way of this petition, the petitioner has prayed for the following reliefs : 1. That the Hon'ble court may kind enough to call the record of the petitioners. 2. That the Hon'ble court may be kind enough to issue any writ/writs, order/ orders, direction/ directions and to order the respondent no.1 to 3 to take appropriate action against the respondent no. 4 & 5 on the complaints made by the petitioners. 3. That the Hon'ble Court may be kind enough to direct the respondents no. 1 to 3 not to register the name of the respondents no. 4 & 5 in the joint holding of property. 4. That the Hon'ble court may be kind enough to issue any other writ or writs order or direction as deem fit in the circumstances of the case. 2. Learned counsel for the petitioners submits that there is a dispute regarding mutation of names in the revenue records. He submits that the names of respondents 4 & 5 have been wrongly recorded and they are asserting title on the basis of such incorrect entries in the revenue records. 3. Heard learned counsel for the parties and also perused the 3 documents annexed with the petition. 4. Evidently, the subject dispute is primarily revenue in nature. As such, the competent revenue authorities have jurisdiction to decide the inter se dispute between the parties. 5. Considering the facts and circumstances of the case, without entering into the merits of the case, this Court deems it appropriate to dispose of this petition, permitting the petitioner to approach the concerned revenue authority raising the subject dispute by filing an appropriate application. In turn, the concerned authority is directed to consider and decide the said application, if any, in accordance with law after affording a due opportunity of hearing to all the concerned parties. Further, the petitioner would be at liberty to challenge any subsequent order passed by the concerned authority before the appropriate legal forum. Ordered accordingly. 6. At this juncture, learned counsel for the petitioner submits that he has filed an application for substitution of legal heirs. 7. Looking to the nature of dispute, the application for substitution is not being considered at this stage, as this Court has relegated the matter to the revenue authority. However, the petitioner would be at liberty to file an appropriate application for substitution before the concerned revenue authority. 8. With the aforesaid observations/directions, the Petition is finally disposed of. Sd/- (Amitendra Kishore Prasad) Judge Shyna Ajay