1 CGHC010096542022 2026:CGHC:31489 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1477 of 2022 1 - Bharthu S/o Santoshi Aged About 80 Years R/o Opposite Railway Statin Rau Indore Madhya Pradesh. Caste Aheer, R/o Kurkuriya, Tehsil Bagicha, District Jashpur Chhattisgarh. 2 - Jagdish S/o Ramdeni Aged About 75 Years Caste Aheer, R/o Kurkuriya, Tehsil Bagicha, District Jashpur Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Raipur Chhattisgarh. 2 - Jagmohan S/o Uddu Aged About 38 Years Caste Aheer, R/o Kurkuriya, Tehsil Tanna , District Jashpur Chhattisgarh. 3 - Harilal S/o Uddu Aged About 32 Years Caste Aheer, R/o Kurkuriya, Tehsil Tanna , District Jashpur Chhattisgarh. ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioners :- Mr. Sanjay Agrawal, Advocate For State :- Mr. Shreyansh Mehta, P.L. For Respondents 2 & 3 :- Mr. J.K. Saxena, Advocate VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 23.07.2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That the Hon'ble court may kindly be pleased to issue an appropriate writ and set aside the order dated 15/12/2021 passed by the learned Board of Revenue. (Annexure P/1) 10.2 That the Hon'ble court may kindly be pleased to issue an appropriate writ and set aside the order dated 25.10.2021 (Annexure P/2) passed by the Commissioner Sarguja Divison Ambikapur (C.G.) in revenue appeal No. 21605960100006/178/A- 39/2019-20. 10.3 That this Hon'ble court may kindly be pleased to issue any writ or direction or order as deem fit in the interest of justice..” 2. Learned counsel for the petitioner submits that the present petition has been filed being aggrieved by the order dated 15.12.2021 passed by the Board of Revenue, Chhattisgarh, Bilaspur, whereby the Board has held that the revision petition preferred by the petitioner was not maintainable. It is submitted that, in terms of Paragraph 4 of the Revenue Book Circular, in respect of a dispute relating to patta/lease, a challenge to the appellate order passed by the Commissioner lies by way of a revision under Section 50 of 3 the Chhattisgarh Land Revenue Code before the competent State authority. On such reasoning, the Board of Revenue rejected the revision petition as not maintainable. Learned counsel further submits that the petitioner had erroneously described the proceeding as an appeal, though in substance it was a revision petition. Therefore, the impugned order rejecting the petition on the ground of maintainability is contrary to law and deserves to be set aside. 3. On the other hand, learned State counsel submits that the order passed by the Commissioner is in accordance with law and does not warrant any interference by this Court. It is further submitted that the Board of Revenue has rightly held that the revision petition preferred by the petitioner was not maintainable, as the petitioner has an efficacious alternative statutory remedy available under Paragraph 4 of the Revenue Book Circular. Learned State counsel submits that against the appellate order passed by the Commissioner, the petitioner ought to have preferred a revision under Section 50 of the Chhattisgarh Land Revenue Code before the competent State Government. Therefore, the Board of Revenue has rightly rejected the revision petition on the ground of maintainability, and the impugned order calls for no interference. 4. At this stage, learned counsel for the petitioner submits that the petitioner may be granted liberty to prefer an appropriate revision under Part 4 of the Revenue Book Circular before the 4 competent State authority. It is further submitted that, since the petitioner is in possession of the property in question and is carrying out agricultural operations thereon, some interim protection may be granted to enable him to approach the competent authority and avail the statutory remedy. 5. Learned counsel appearing for Respondent Nos. 2 and 3 submits that the patta in respect of the land in dispute has been granted in favour of Respondent Nos. 2 and 3. Therefore, the petitioner has no right to claim possession over the said land. It is further submitted that the petitioner's assertion that he is in possession of the property is factually incorrect and is not borne out from the documents available on record. Accordingly, it is contended that the petitioner is not entitled to any interim protection. 6. Heard learned counsel for the parties and perused the documents available on record. 7. Having considered the facts and circumstances of the case, upon perusal of the record, the rival submissions advanced by learned counsel for the parties, and particularly the provisions contained in Part 4 of the Revenue Book Circular, this Court finds that an order passed by the Commissioner in appeal is required to be challenged before the State Government by way of a revision. Therefore, the petitioner has an efficacious statutory remedy of preferring a revision before the competent State Government 5 against the order dated 25.10.2021 passed by the Commissioner, Surguja Division. 8. Accordingly, without expressing any opinion on the merits of the case, the present writ petition is disposed of with liberty to the petitioner to file an appropriate revision before the State Government challenging the order dated 25.10.2021 passed by the Commissioner, Surguja Division. If such revision is filed within a period of 30 days from the date of receipt of copy of this order, the competent revisional authority shall consider and decide the same in accordance with law. 9. It is noticed that this Court, by order dated 25.03.2022, had granted interim protection in favour of the petitioner. Considering the nature of the dispute and in order to enable the petitioner to avail the statutory remedy, it is directed that the parties shall maintain status quo, as it exists today, for a period of 30 days from the date of this order. Thereafter, the said interim protection shall automatically cease to operate, and any interim or final order passed by the competent revisional authority shall govern the rights of the parties. 10. The Registry is directed to return the certified copies of the original documents, if any, to the petitioner after retaining photocopies thereof on the record. 6 11. It is further observed that the The competent authority shall also take note of the pendency of the present writ petition while adjudicating the revision application under Section 50 of the Chhattisgarh Land Revenue Code and shall decide the same on its own merits, in accordance with law. sd/- (Amitendra Kishore Prasad) Judge Vishakha