Extracted from the PDF above. The PDF is authoritative.
1
CGHC010431612022 2026:CGHC:30616
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 11 of 2023 Smt. Raparti Gouru Bai W/o Shri Nagaiya Aged About 60 Years R/o Ambedkar Ward No.11, Nagar Panchayat Bhopalpatnam, Tahsil Bhopalpatnam, District : Bijapur, Chhattisgarh
... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster, Mantralaya Mahanadi Bhawan, Atal Nagar New Raipur, Chhattisgarh 2 - The President, Board Of Revenue Bilaspur, District- Bilaspur (C.G.) 3 - The Commissioner, Bastar Division Jagdalpur, Chhattisgarh 4 - Collector, Bijapur District Bijapur, Chhattisgarh 5 - Sub Divisional Officer (Revenue) Bhopalpatnam, District : Bijapur, Chhattisgarh 6 - Tahsildar, Bhopalpatnam District Bijapur, Chhattisgarh 7 - Shri Kanna Rajanna S/o Ramaiya R/o Village Tarud, Post Office And Police Station Bhadrakali, Tahsil Bhopalpatnam, District Bijapur, Chhattisgarh
... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. S.B. Pandey, Advocate For State : Mr. Shreyansh Mehta, Panel Lawyer For Respondent No.7 : Mr. Aditya Dhar Diwan, Advocate on behalf of Mr. Arpan Verma, Advocate YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.07.21 10:16:10 +0530
2 Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 20.07.2026
1. Heard on I.A No. 04, application for correction of name of the place in the petition. 2. On due consideration the grounds mentioned in the application (I.A. No.04), the same is allowed. Necessary amendment be carried out during the course of day. 3. By filing the present writ petition under Article 226 of the Constitution of India, the petitioner has called in question the legality and validity of the order dated 30.09.2022 passed by the Board of Revenue, Bilaspur in Case No. R.N. 7/R/A-2/34/2022, affirming the orders passed by the subordinate revenue authorities cancelling the Abadi Patta granted in favour of the petitioner, as well as the consequential show cause notice dated 14.12.2022 issued by the Tahsildar, Bhopalpatnam directing the petitioner to vacate the land in question. The petitioner has prayed for following relief(s) :-
“10.1 That, this Hon'ble Court may kindly be pleased to call for entire records pertaining to the case of petitioner for kind perusal of this Hon'ble court. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authority not to dispossess the petitioner from her Abadi Patta
3 with constructed house and do not disturb the petitioner with her family member, in the interest of Justice.
10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent authority who involve to make a forged document and interfere in the Revenue Record be punished as per rule of Indian Penal Code in spite of disturbing the petitioner. 10.4 Any other relief, which may be deemed, fit by this Hon'ble Court just and proper in the facts and circumstances of the case may also be provided in favour of the petitioner.”
4. The matter relates to cancellation of an Abadi Patta granted in favour of the petitioner in respect of Government land bearing Khasra No.303/33, admeasuring 0.020 hectare (5 dismil), over which the petitioner claims to have been residing with her family for more than 30 years. According to the petitioner, the Abadi Patta was granted in her favour in the year 2007 and the land was subsequently diverted for residential purposes. However, the said Patta and consequential diversion order were cancelled by the revenue authorities. 5. Aggrieved by the orders passed by the Tahsildar and the Sub- Divisional Officer, the petitioner preferred an appeal before the Commissioner, Bastar Division, which came to be dismissed. Thereafter, the petitioner preferred a revision before the Board of Revenue, which also came to be dismissed by order dated
4
30.09.2022. Consequently, the present writ petition has been filed challenging the aforesaid orders as well as the consequential show cause notice issued by the Tahsildar. 6. Learned State counsel has raised a preliminary objection regarding the maintainability of the present writ petition. It is submitted that under the provisions of the Revenue Book Circular, an appropriate remedy is available to the petitioner before the State Government against the orders passed by the revenue authorities in matters relating to cancellation of Abadi Patta.
It is contended that without exhausting the said statutory remedy, the petitioner has directly invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, and therefore, the present writ petition is not maintainable. 7. I have heard learned counsel for the parties and perused the material available on record. 8. Considering the aforesaid submissions and without entering into the merits of the controversy, this Court is of the opinion that the petitioner has an efficacious alternative remedy under the Revenue Book Circular by approaching the State Government against the impugned orders relating to cancellation of the Abadi Patta. Accordingly, the petitioner is relegated to avail the said remedy by filing an appropriate application before the competent authority under the Revenue Book Circular. In the event such an application is filed by the petitioner within a reasonable time, the
5 competent authority shall consider and decide the same in accordance with law. While doing so, the authority shall also consider the period during which the present writ petition remained pending before this Court and shall not reject the application solely on the ground of delay or limitation. 9. With the aforesaid observations, the writ petition stands disposed of. No opinion is expressed on the merits of the case. It is made clear that all questions of fact and law are left open to be considered by the competent authority in accordance with law. 10. No order as to costs. Sd/- Sd/-
(Amitendra Kishore Prasad)
Judge Yogesh