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2026 DAILYLAW 23474 (CHH)

BASANT KUMAR TIWARI v. STATE OF CHHATTISGARH

WPC/3112/2026 · 2026-06-24

Shri Amitendra Kishore Prasad

Civil Appealbody2026

Judgment text

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1 2026:CGHC:26045 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3112 of 2026 • Basant Kumar Tiwari S/o Late Nakchhed Prasad Tiwari Aged About 80 Years R/o Village Mandawani Thana Sargaon Tahsil- Pathariya District- Mungeli (C.G.) ... Petitioner versus 1. State Of Chhattisgarh Through - The Secretary Department Of Revenue Mahanadi Bhawan Mantralaya Atal Nagar Nawa Raipur Chhattisgarh. 2. The Collector Mungeli District- Mungeli (C.G.). 3. The Sub Divisional Officer (Revenue) Pathariya District- Mungeli (C.G.). 4. Tahsildar Pathariya District- Mungeli (C.G.). 5. Shri Jeevraj Manhar Halka 31, Tahsil Pathariya , District- Mungeli (C.G.) ... Respondents (Cause title taken from Case Information System) For Petitioner : Mr. Bhuvneshwar Singh Rajput, Advocate. For State/Respondents : Mr. Amit Nayak, P.L. Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 25/06/2026 1. Heard. 2. This writ petition has been preferred by the petitioner under Article 226 of the Constitution of India, seeking following reliefs:- “10.1 That, this Hon’ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner from the possession of the respondents; 10.2 That, this Hon’ble Court may kindly be pleased to issue a writ of Mandamus directing respondent No.3 (SDO Revenue, Pathariya), DEEPTI JHA Digitally signed by DEEPTI JHA 2 respondent No.4 (Tahsildar, Pathariya) and respondent No.5 (Patwari, Halka No.31) to forthwith implement the order dated 17.10.2025 passed in Case No.A-6/2024-25 and carry out necessary mutation/correction in the revenue records in accordance with law; 10.3 That, this Hon’ble Court may kindly be pleased to direct respondent No.3 to ensure compliance of the decree dated 02.09.2003 passed in Civil Appeal No.8-A/1998 and submits compliance report before this Hon’ble Court; 10.4 That, this Hon’ble Court may kindly be pleased to direct respondent No.2 & 3 to initiate appropriate departmental proceedings against the respondent No.5 (Patwari) and other erring officials responsible for non-compliance of the order dated 17.10.2025; 10.5 That, this Hon’ble Court may kindly be pleased to pass any other writ(s), order(s) or direction(s) which the Hon’ble Court deems just and proper in the facts and circumstances of the case; 10.6 That, this Hon’ble Court may kindly be pleased to award the cost of the petition.” 3. Learned counsel for the petitioner submits that S.D.O. (R), Pathariya, District Mungeli (C.G.) has passed the order dated 17.10.2025 (Annexure-P/2) while setting aside the order dated 15.01.2025 passed by the Tehsildar Pathariya and directed the concerned Tehsildar to mutate the name of the petitioner in the revenue records in Khasra Nos.137, 500 except Khasra Nos.34/2, 367/2, 164, 500, 196/1, 191/3, 193. It is further submitted that even after passing of the aforesaid order the concerned Tehsildar, Pathariya is not acting upon the said order, due to which petitioner is facing great difficulty. He further submits that application for compliance of the said order has already been moved on 28.05.2026, as such the petitioner is seeking direction to the concerned Tehsildar to take action upon it. 3 4. State counsel has no objection with regard to the submission made by the counsel for the petitioner. 5. I have heard learned counsel for the parties and perused the material available on record with utmost circumspection. 6. Considering the aforesaid aspect of the matter, particularly considering the fact that matter is pending consideration before the concerned Tehsildar. In this regard, petitioner is directed to pursue his matter before the concerned Tehsildar and in turn concerned Tehsildar is directed to pass an appropriate order in compliance of order dated 17.10.2025 within some expeditious manner. 7. With the aforesaid observation and direction, the instant writ petition stands disposed of. 8. Interlocutory application(s), pending if any, also stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Deepti Jha