1 CGHC010279502026 2026:CGHC:32172 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3838 of 2026 1 - Tejaswi Singh Thakur S/o Late Chatur Singh Thakur, Aged About 58 Years R/o Behind Of Farishta Complex Tahsil And District Durg (C.G.). 2 - Vijendra Singh Thakur, S/o Late Chatur Singh Thakur, Aged About 55 Years R/o Ward No. 16, North Wasundhra Nagar, Bhilai-3, Tahsil Patan District Durg (C.G.). 3 - Yashwant Singh Thakur, S/o Late Chatur Singh Thakur, Aged About 53 Years R/o Ward No. 19, Village Surdung, Jamul Bhilai, Tahsil And District Durg (C.G.). 4 - Shashank Singh Thakur, S/o Shri Choudhari Singh Thakur, Aged About 35 Years R/o Ward No. 18, Kewant Para West, Jamul, Bhilai, Tahsil And District Durg (C.G.). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mantralaya Mahanadi Bhavan, Atal Nagar, Naya Raipur, District Raipur (C.G.). 2 - The Director, Directorate, Urban Administration And Development Office, D Block, Fourth Floor, Indravati Bhavan, Atal Nagar, Naya Raipur, District Raipur (C.G.). 3 - The Commissioner, Durg Division, Durg, District Durg (C.G.). 4 - The Collector, Durg, District Durg (C.G.). 5 - The Sub Divisional Officer, Bhilai -3, District Durg (C.G.). 6 - The Tahsildar, Ahirwara, District Durg (C.G.). RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 7 - The Managing Director, C. B. G. Bio-Fules, H. Q. Bharat Petroleum Corporation Limited, Reg. Office At Bharat Bhavan, 4 And 6, Karimbhai Road, Belard Estate Post Box No. 688, Mumbai - 400-001 (M. H.). ... Respondent(s) For Petitioner(s) : Mr. Rajkumar Pali, Advocate. For Respondent(s)/ State : Mr. S. S. Choubey, G.A. For Respondent No. 7 : Mr. Sourabh Sharma, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 28/07/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “(i) That this Hon'ble Court may kindly be pleased to call for the entire records from the possession of the respondent authorities pertaining to the case of the petitioners for its kind perusal. (ii) That, this Hon'ble Court may kindly be pleased to allow this petition and direct the respondent to Commissioner No.3/accept/receive the appeal of the petitioners and hearing in the case and decide the matter after giving proper opportunity of hearing to the petitioners. (iii) Any other relief or reliefs which this Hon'ble Court may deem fit or proper in the facts and circumstances of the case including cost of the litigation.” 2. Learned counsel appearing for the petitioners submits that the lands bearing Khasra Nos. 1329 and 1345, situated at Village 3 Kherda, Tahsil Ahirwara, District Durg, are recorded in the name of the petitioners' predecessor-in-interest, late Chatur Singh Thakur. Upon his demise, the petitioners, being his legal heirs, succeeded to the said property and have continued to remain in peaceful possession thereof. It is submitted that, without issuing any notice or affording an opportunity of hearing to the petitioners, the respondent authorities initiated proceedings for allotment of a portion of the said land in favour of respondent No. 7 for establishment of a Bio-CNG Plant, by treating the land as Shamilat Charagah Bhumi, though the same is privately owned by the petitioners and duly reflected in the revenue records. Learned counsel further submits that the petitioners immediately raised objections before the competent authorities; however, when the grievance remained unaddressed, they preferred an appeal under Section 44(1) of the Chhattisgarh Land Revenue Code before the Commissioner. It is contended that the said appeal was refused to be entertained by the Commissioner vide order dated 22.04.2026, without assigning any reasons and without considering the petitioners' grievances. Learned counsel submits that the Commissioner was legally obliged to entertain and adjudicate the appeal on its merits, and the refusal to do so is arbitrary, contrary to the provisions of law, and violative of the principles of natural justice. It is, therefore, prayed that the impugned order be set aside and the Commissioner be directed to entertain and decide 4 the appeal on merits after affording due opportunity of hearing to all concerned parties. 3. Per contra, learned counsel appearing for the respondents opposes the submissions advanced on behalf of the petitioners and supports the impugned order. 4. Heard learned counsel for the parties and perused the material available on record. 5. Having considered the rival submissions advanced by learned counsel for the parties and upon perusal of the record, this Court finds that the appeal preferred before the Commissioner, Durg Division, was not maintainable in its present form as the necessary and affected parties, who have been impleaded in the present writ petition, were not arrayed as respondents in the said appeal. In view of the aforesaid, without expressing any opinion on the merits of the controversy, the present writ petition is disposed of with liberty to the petitioners to file a fresh appeal before the Commissioner, Durg Division, District Durg, after impleading all the necessary and proper parties. In the event such an appeal is filed, the Commissioner, Durg Division, shall accept and entertain the same and thereafter decide it on its own merits, strictly in accordance with law, after affording adequate opportunity of hearing to the petitioners as well as all the affected parties, by passing a reasoned and speaking order, as expeditiously as possible. 5 6. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat