Extracted from the PDF above. The PDF is authoritative.
1
CGHC010182932021
2026:CGHC:27855
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3047 of 2021
1. Jamaal Khan S/o Shri Shahbran Khan Aged About 49 Years R/o Village Chandrameda, Sub Tehsil Bhatgaon, Tehsil Bhaiyathan, District Surajpur Chhattisgarh.
... Petitioner versus
1. State of Chhattisgarh Through Secretary, Department of Revenue Mahanadi Bhawan, Nava Raipur, Atal Nagar, Raipur, District Raipur Chhattisgarh.
2. The Collector Surajpur, District Surajpur Chhattisgarh.
3. Naib Tehsildar Bhaiyathan, District Surajpur Chhattisgarh.
... Respondents For Petitioner : Mr. Adarsh Patel, Advocate on behalf of Mr. Ashish Surana, Advocate For Respondents : Mr. Atanu Ghosh, Government Advocate SB: Hon’ble Mr. Justice Parth Prateem Sahu
Order on Board 06/07/2026
1. Petitioner has filed this writ petition seeking following reliefs:-
“10.1. that, this Hon’ble Court may kindly be pleased to quash the Revenue Case No.140 A- 68/2019-20 State vs Jamaal Khan and the final
order passed therein by the Naib Tahsildar, Bhatgaon, Tehsil Bhaiyathan District Surajpur on 02.02.2021 (Annexure P-1) and further be pleased SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI Date: 2026.07.07 11:26:35 +0530
2 to set aside the dispossession warrant dated 02.02.2021 (Annexure P-2).
10.2. Any other relief (s), including the cost of this petition, as it appears to be fit and appropriate to this Hon’ble Court be granted.”
2. Learned counsel for petitioners would submit that this Court on 19.6.2026 has recorded that the proceeding under challenge in this writ petition is the proceeding initiated by the Tahsildar under Section 248 of the Chhattisgarh Land Revenue Code, 1959, however, during pendency of proceeding of appeal/revision filed by petitioner against the
order of the Collector, Annexure P-3, wherein the Collector has ordered the land, subject matter of said proceeding, to be recorded as ‘custodian land, Manager Collector. Said order of the Collector is put to challenge by the petitioner and others before the Commissioner, Surguja Division, Surguja by filing a revision under Section 50 of the Chhattisgarh Land Revenue Code, 1959 and therefore, till that revision is decided in which dispute with regard to ownership of land in question is to be decided, the proceeding under Section 248 of the Code of 1959 pending before the Tahsildar as Revenue Case No.140/A-68/2019-2020 be kept in abeyance.
3. Learned State Counsel does not dispute submission of
learned counsel for petitioner with regard to observation made by this Court in the order sheet dated 19.6.2026. He further submits that in the reply there is no specific mention with
3 regard to status of the proceeding pending before the Commissioner. He, however, submits that according to oral instruction received by him, the revision petition filed before the Commissioner by the persons named therein including the petitioner herein, is still pending consideration.
4. In the aforementioned facts of the case, it will not be appropriate to enter into the merits of the case and therefore, this writ petition is disposed of, at this stage, with a direction to the Tahsildar, Bhatgaon, District Surajpur to keep the proceeding under Section 248 of the Code of 1959 bearing Revenue Case No.140/A-68/2019-20 in abeyance till the revision proceeding pending before the Commissioner, Surguja Division, Surguja is finally decided.
5. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge roshan/-