Extracted from the PDF above. The PDF is authoritative.
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CGHC010374982023
2026:CGHC:31342
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4834 of 2023 1 - Rameshwar Ram Yadav S/o Late Paniyo Yadav Aged About 65 Years Resident Of Village Uparkachhar, Tahsil Farsabahar, District Jashpur (C.G.) 2 - Smt. Kaushilya Yadav W/o Krishna Ram Yadav Aged About 42 Years Resident Of Village Uparkachhar, Tahsil Farsabahar, District Jashpur (C.G.) 3 - Devanand Bhagat S/o Late Atharaj Ram Bhagat Aged About 55 Years Resident Of Village Kerasai And Uparkachhar, Tahsil Farsabahar, District Jashpur (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through District Magistrate Jashpurnagar, District Jashpur (C.G.) 2 - Board Of Revenue Bilaspur Chhattisgarh, District Bilaspur (C.G.) 3 - Commissioner Sarguja Division, Sarguja Ambikapur, Chhattisgarh 4 - Sub Divisional Officer (Rev.) Kunkuri, District Jashpur, Chhattisgarh 5 - Tahsildar Tahsil Farsabahar, District Jashpur, Chhattisgarh
... Respondent(s) (Cause Title downloaded from CIS Periphery) For Petitioner(s) : Mr. Virendra Kumar Janardan, Advocate For Respondent(s) : Mr. Shobhit Mishra, Dy. GA S B: Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board SHYNA AJAY Digitally signed by SHYNA AJAY Date: 2026.07.24 17:35:11 +0530
2 22/07/2026
1. By way of this petition, the petitioners seeks the following reliefs : (i) That, this Hon'ble Court may kindly be pleased to set-aside the impugned order dated 20.07.2022 (Annexure P-1) passed by the Board of Revenue Chhattisgarh Bilaspur, and order dated 05.04.2021 (Annexure P-2) passed by the learned Upper Commissioner Sarguja Division Sarguja Ambikapur Chhattisgarh, in the interest of justice. (ii) That, further this Hon'ble Court may kindly be pleased to direct the respondent authorities that before removal of the house/land of the petitioner an alternate arrangement may be made for the rehabilitation of the petitioner, in the interest of justice. (iii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.
2. Learned counsel for the petitioners submits that the Board of Revenue, vide order dated 20.7.2022, held that it lacks jurisdiction over matters concerning the cancellation of grant of Patta. Being aggrieved, the petitioners have filed this petition.
3. Per contra, learned counsel for the State submits that the impugned order passed by the Board of Revenue is just and proper. He submits that against the order passed by the Commissioner dated 5.4.2021, a revision petition lies before the State Government. Therefore, the petitioner ought to exhaust the alternative remedy by approaching the State Government.
4. Heard learned counsel for the parties and also perused the documents annexed with the petition.
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5. From a perusal of the impugned order as well as Part-IV of the Revenue Book Circular, it is quite vivid that against an order passed in appeal by the Commissioner, a revision lies before the State Government. The petitioners have not availed this remedy and have directly filed the present writ petition, which is not maintainable
6. Considering the facts and circumstances of the case, without commenting anything on the merits of the case, this Court deems it appropriate to grant liberty to the petitioners to file an appropriate revision before the State Government against the
order dated 5.4.2021. Upon filing of such revision, the concerned authority shall consider and decide the case of the petitioners on its own merits, keeping in view the fact that the petitioners were bonafide prosecuting the present writ petition since 6.11.2023 against the order dated 20.7.2022. Further, the period during which the writ petition remained pending before this Court shall be considered while examining the issue of limitation/delay.
7. The petitioners would be at liberty to invoke the revisional jurisdiction of the State Government by filing an appropriate revision within a period of 30 days from the date of receipt of a certified copy of this order.
8. With the aforesaid observations/directions, the Petition is finally
disposed of. Sd/-
(Amitendra Kishore Prasad) Judge Shyna Ajay