1 CGHC010411182023 2026:CGHC:32594 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3 of 2024 Vijay Mohan Jain S/o Laten Shri Dhannalal Jain, Aged About 72 Years, R/o Cinema Line, Rajnandgaon, Tehsil and District- Rajnandgaon, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Revenue And Disaster Management, Mantralaya, Nawa Raipur, Chhattisgarh. 2 - Chhattisgarh Revenue Board, Circuit Court Raipur, Through Its Office, District Raipur, Chhattisgarh. 3 - Additional Commissioner Raipur, Division Raipur, Through Office Of Commissioner Durg (Now Durg Division), District : Durg, Chhattisgarh 4 - Additional Collector Rajnandgaon, Office Of Collector Rajnandgaon, District : Rajnandgaon, Chhattisgarh 5 - Sub - Divisional Officer (Revenue)/ Nazool, Rajnandgaon, District : Rajnandgaon, Chhattisgarh 6 - Nazool Officer (Revenue) District - Rajnandgaon, Chhattisgarh. 7 - Tehsildar Rajnandgaon, District : Rajnandgaon, Chhattisgarh SHYNA AJAY Digitally signed by SHYNA AJAY Date: 2026.07.31 17:03:51 +0530 2 8 - Revenue Inspector, Revenue Inspector Circle Rajnandgaon, District : Rajnandgaon, Chhattisgarh 9 - Radheshyam Gupta S/o Late Bhajanlal Gupta R/o Cinema Line, Rajnandgaon, Chhattisgarh. 10 - Radhekrishna Gupta S/o Late Bhajanlal Gupta, R/o Cinema Line, Rajnandgaon, Chhattisgarh. ... Respondent(s) (Cause Title downloaded from CIS Periphery) For Petitioner(s) : Mr. Abhinav Tiwari, Advocate For Respective Respondents : Mr. Soumitra Kesharwani, Panel Lawyer and Mr. Pradeep Shrivastava, Advocate SB: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 29/07/2026 1. By way of this petition, the petitioner seeks the following reliefs : 10.1 This Hon'ble Court be pleased to call the entire record of the case. 10.2 This Hon'ble Court be pleased to set-aside the order dated 08.08.2023 passed by Revenue court, circuit court, Raipur in Revenue Appeal Case No. अ/15/आर/अ-20(1)/09/2012 because between the same parties and in same subject matter already the civil court has passed its Judgement on 02.03.1993 in Civil Suit No. 145A/90, which is binding Uponthe revenue board. 10.3 This Hon'ble Court be further Pleased to pass Such order in Favour of the petitioner against the respondent as it may deem fit under the facts and circumstances. 10.4 Costs of the Petition may be allowed. 3 2. Learned counsel for the petitioner submits that the impugned order dated 8.8.2023 passed by the Chhattisgarh Board of Revenue, Bilaspur is not in accordance with law. He submits that the Board of Revenue erred in dismissing the appeal only on the basis of the decision in the civil suit, without independently exercising its appellate jurisdiction. As such, the impugned order is liable to be set-aside. 3. Learned counsel for the respective respondents would submit that the issue involved in the present petition stands concluded by the judgment and decree passed by the concerned Civil Court in Civil Suit No.34A/2010 by the First Additional Judge, Rajnandgaon to the Court of First Civil Judge Class-II, Rajnandgaon vide the judgment and decree dated 9.1.2023. By the said judgment, the petitioner’s claim seeking possession over a common passage (Gali) has been rejected. He submits that the since the Civil Court has held the petitioner disentitled to the relief of possession, the concerned Collector, the Commissioner and the Board of Revenue have rightly refused to grant the same relief in revenue proceedings vide the respective impugned orders. 4. Considering the facts and circumstances of the case, particularly considering that as the competent Civil Court has already declined to grant the relief claimed by the petitioner and also considering that the subject judgment and decree passed by the Civil Court is binding upon the Revenue Courts, this Court is of the opinion that 4 the Collector, the Commissioner and the Board of Revenue have not committed any error of law in declining to grant the same relief in revenue proceedings. In view of the above, the impugned order dated 8.8.2023 cannot be termed illegal or arbitrary. 5. Accordingly, the Petition is dismissed. However, as the petitioner has already filed an appeal before the concerned Civil Appellate Court, he is at liberty to pursue his prayers and remedies before the said Appellate Court. Sd/- (Amitendra Kishore Prasad) Judge Shyna Ajay