1 CGHC010257962026 2026:CGHC:29825 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 835 of 2026 1 - Jay Singh Verma S/o Mattulal Verma, Aged About 76 Years, R/o Village Nagadha, Police Station and Tahsil Nandghat, District Bemetara C.G. ... Petitioner versus 1 - Ganesh Ram S/o Motilal Verma, Aged About 58 Years, R/o Village Ganiyari, P.S. and Tahsil Nawagarh, District Bemetara C.G. 2 - Motilal Verma S/o Ghanshyam Prasad Verma, Aged About 56 Years (at present aged about 80 Years), R/o Village Malda, P.S. and Tahsil Nandghat, District Bemetara C.G. ... Respondent (Cause-title taken from Case Information System) For Petitioner : Mr. Bharat Rajput, Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 14-07-2026 1. The present writ petition filed by the petitioner under Article 227 of the Constitution of India against the impugned order dated 02.06.2026 passed by the Chhattisgarh Board of Revenue Bilaspur, Circuit Court at Raipur in Case No.RN-23/R/A-6/131/2026 whereby the revenue revision filed by the petitioner has been dismissed. 2. Learned counsel for the petitioner would submit that the respondent No.1 had filed an application before the District Collector Bemetara on 20.07.2018 for mutation of his name as legal heir of late Kunjbai. It was forwarded to the concerned Tahsildar and then Tahsildar Nandghat initiated a mutation proceeding on 02.08.2018 bearing case No.75A/6/2017-18. During pendency Digitally signed by MOHAMMED AADIL KHAN Date: 2026.07.16 19:52:26 +0530 2 of the said mutation proceeding, the petitioner has filed a civil suit bearing Civil Suit No.116A/2024 before the learned First Additional Judge to the Court of First Civil Judge, Senior Division, Bemetara for declaration of title and permanent injunction which is pending before the learned trial Court. During pendency of the mutation proceeding before the Tahsildar Nandghat he filed an application on 02.04.2025 for dropping of the mutation proceeding as the civil suit filed by him is already pending before the competent civil court, but his application dated 02.04.2025 has not been decided by the Tahsildar Nandghat and proceeded in the matter. He would further submit that the Tahsildar Nandghat vide its order dated 16.06.2025 observed in its order sheet that since the parties have already been provided sufficient opportunity for recording of their evidence and without giving any further opportunity of recording evidence to the parties the matter was fixed for final hearing. He would further submit that with respect to the same subject matter and between the same parties the civil suit is already pending and the proceeding before the Tahsildar cannot run as the subject matter is already subjudice before the competent civil court, therefore, without deciding the application filed by the petitioner dated 02.04.2025 the Tahsildar cannot proceed further. He would further submit that the petitioner has filed his revision before the Additional Collector, Bemetara against the order dated 02.04.2025 and 16.06.2025 which was dismissed by the Additional Collector Bemetara on 06.02.2026 and the second revision filed before the Commissioner, Durg has also been dismissed vide order dated 26.02.2026. He would also submit that the Board of Revenue has also dismissed the subsequent revision filed by the petitioner vide its order dated 02.06.2026 and affirm the order passed by the Additional Collector, Bemetara and Commissioner, Durg. He would further submit that without deciding the application filed by the petitioner the proceeding before the Tahsildar cannot proceed and the Tahsildar may be directed to decide the application of the 3 petitioner dated 02.04.2025 in accordance with law. 3. I have heard learned counsel for the petitioner and perused the documents annexed with the writ petition. 4. As submitted by learned counsel for the petitioner that the mutation proceeding before the Tahsildar is already pending and on 02.04.2025 he made an application for dropping of the proceeding in view of the civil suit filed by him, however, the said application has not been decided. From perusal of the order sheet dated 02.04.2025 annexed with the petition at page No. 35 it transpires that the Tahsildar has recorded in order sheet that the petitioner has filed certain documents with respect to pendency of the civil suit before the learned Civil Court Bemetara and proceeded for recording evidence of the parties. A copy of the application dated 02.04.2025 is filed by the petitioner as Annexure-P/4 which is available in the present writ petition. When the petitioner has filed an objection in the proceeding before the Tahsildar on 02.04.2025, the Tahsildar is required to decide the said application in accordance with law, however, from the order sheets annexed with the writ petition it does not appear that the Tahsildar has taken any decision on the application filed by the petitioner dated 02.04.2025. 5. Therefore, in view of the aforesaid submissions and facts and circumstances of the case, the present writ petition is disposed of directing the Tahsildar Nandghat to decide the application filed by the petitioner dated 02.04.2025, if already not decided, in the said mutation proceeding bearing Case No.75A/6/2017-18 in accordance with law on its own merits after giving proper opportunity of hearing to the parties concerned. 6. With the aforesaid observation and direction the present writ petition is disposed of. Sd/- Sd/ Sd/-- (Ravindra Kumar Agrawal) Judge Aadil