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2026 DAILYLAW 25730 (CHH)

NARESH KUMAR v. STATE OF CHHATTISGARH

WPC/3514/2026 · 2026-07-07

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010253102026 2026:CGHC:28100 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3514 of 2026 Naresh Kumar S/o Late Budhau Ram Aged About 37 Years R/o Village- Sidhama, Tahsil- Raipur, Distt. Balrampur-Ramanujganj (C.G.) ... Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Deserter Management , Mahanadi Bhawan, New Raipur, Distt- Raipur (C.G.). 2 - The Commissioner Surguja-Division, Ambikapur, Distt.- Surguja (C.G.). 3 - Tahsildar Tahsildar-Rajpur,distt.- Balrampur-Ramanujganj (C.G.). 4 - Panmeshwari D/o Budhau W/o Dujo Aged About 31 Years R/o Village- Sidhama, Tahsil-Rajpur, Distt.- Balrampur-Ramanujganj (C.G.) ... Respondents (Cause title is taken from CIS Periphery.) For Petitioner : Mr. A.N. Pandey, Advocate. For State : Mr. Amit Nayak, P.L. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 08/07/2026 1. The petitioner has filed the instant petition for following reliefs:- Digitally signed by RAVVA UTTEJ KUMAR RAJU 2 “10.1 That, this Hon’ble Court may kindly be pleased to set aside of the impugned order dated 26.9.2025 passed by the respondent No. 2 Annexure P-1. 10.2 That, this Hon’ble Court may kindly be please to direct the respondent no. 2 to consider and decided the objection raised by the petitioner Annexure P-6 within stipulated period. 10.3 That, this Hon’ble Court may kindly be please to set aside of the entire revision proceeding pending before the respondent No. 2 in Revenue Revision No. 202509960100118/6-A/23/2025-26 parties name Panmeshwari Vs. Naresh Kumar which is annexed as annexure P-5. 10.4 Any other relief or reliefs may also be granted to the petitioner which this Hon’ble Court deems fit and proper in the facts and circumstances of the case.” 2. Learned counsel for the petitioner submits that the revision petition preferred by respondent No. 4 before the Commissioner, Surguja Division, Ambikapur, District Surguja (C.G.), is not maintainable. It is further submitted that the petitioner has raised a preliminary objection with regard to its maintainability, which is still pending consideration. However, during the pendency of the said objection, the learned Commissioner has passed the order dated 26.09.2025, whereby the mutation proceedings have been stayed. Hence the present petition. 3. Learned counsel for the State/respondents submits that the revision petition is pending before the learned Commissioner, who is competent to decide the issue of maintainability as well as all other objections raised by the petitioner. It is further submitted that the interim order dated 26.09.2025 has been passed in exercise of the Commissioner's jurisdiction and, therefore, no interference under Article 226 of the Constitution of India is called for. 3 4. Heard learned counsel for the parties and perused the material available on record. 5. Having heard learned counsel for the parties and considering the fact that the petitioner's preliminary objection regarding the maintainability of the revision is already pending before the Commissioner, Surguja Division, Ambikapur, this Court is of the opinion that the said issue deserves to be adjudicated by the revisional authority before proceeding further in the matter. Accordingly, the petitioner is granted liberty to file an appropriate application for consideration of the pending preliminary objection. Upon such application being filed, the Commissioner, Surguja Division, Ambikapur shall decide the issue of maintainability as a preliminary issue, preferably on the next date of hearing and before proceeding with the revision on merits. If the revision is held to be not maintainable, the learned Commissioner shall pass appropriate orders in accordance with law. 6. With this observation and direction, the petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge U.K. Raju