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2026 DAILYLAW 30162 (CHH)

SMT. CHANDA BAI v. THE COLLECTOR

WPC/3898/2026 · 2026-07-27

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 CGHC010288592026 2026:CGHC:32206 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3898 of 2026 1 - Smt. Chanda Bai W/o- Shri Narayan Sinha Aged About 61 Years R/o - Gram Panchayat-Puri, Tahsil- Charama, District- North Baster, Kanker, C.G. ... Petitioner versus 1 - The Collector Kanker, District- North Baster, Kanker, C.G. 2 - Nayab Tahsildar Charama, District- North Baster, Kanker, C.G. ... Respondents (Cause title is downloaded from CIS Periphery.) For Petitioner : Mr. Somkant Verma, Advocate. For State : Dr. Saurabh Kumar Pande, Dy. A.G. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 28/07/2026 1. The petitioner has filed the instant petition seeking following reliefs:- “10.1 That, this Hon’ble Court may kindly be pleased to quash order dated 21.01.2026 (Annexure P-1) passed by respondent No. 2 in revenue case No. RAVVA UTTEJ KUMAR RAJU Digitally signed by RAVVA UTTEJ KUMAR RAJU Date: 2026.07.30 19:20:39 +0530 2 20261142200006/B-121/2025-2026, whereby canceled Land Record Booklet, issued in favour of the petitioner.” 2. Learned counsel appearing for the petitioner submits that the concerned Nayab Tahsildar, Charama, District North Bastar, Kanker (C.G.), passed a preliminary order dated 21.01.2026, whereby the Rin Pustika issued in favour of the petitioner in respect of Khasra No. 655/2, admeasuring 1.30 hectares, situated at Village Puri, Tahsil Charama, District North Bastar, Kanker (C.G.), was cancelled without affording the petitioner any opportunity of hearing. It is further submitted that no notice was issued to the petitioner, nor was any opportunity of hearing granted before passing the said order. The learned counsel contends that the impugned preliminary order dated 21.01.2026 has been passed in complete violation of the principles of natural justice and without following the due procedure prescribed under law. Hence, the petitioner has preferred the present petition seeking quashment of the preliminary order dated 21.01.2026. 3. Learned counsel appearing for the State submits that the order dated 21.01.2026 is only a preliminary order and that the final order in the matter is yet to be passed. 4. Having heard the submissions advanced by learned counsel for the parties and on perusal of the record, this Court is of the considered 3 opinion that even a preliminary order, if it adversely affects the rights of a party, is required to be preceded by due compliance with the procedure prescribed under law and the principles of natural justice. In the present case, it is not in dispute that the petitioner was neither served with any notice nor afforded an effective opportunity of hearing before the impugned preliminary order dated 21.01.2026 came to be passed. Accordingly, the impugned preliminary order dated 21.01.2026 is hereby quashed. However, liberty is reserved in favour of the respondent authorities to initiate fresh proceedings in accordance with law. Before passing any order with regard to the cancellation of the Rin Pustika pertaining to land bearing Khasra No. 655/2, admeasuring 1.30 hectares, situated at Village Puri, Tahsil Charama, District North Bastar, Kanker (C.G.), the authorities shall issue due notice to the petitioner, afford him a reasonable opportunity of hearing, and thereafter pass an appropriate order in accordance with law. It is made clear that this Court has not expressed any opinion on the merits of the case and has interfered with the impugned order solely on the ground of violation of the principles of natural justice. The respondent authorities are directed to conclude the proceedings and pass an appropriate order, preferably within a period of 60 days from the date of receipt of a copy of this order. 4 5. With this observation and direction, the petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge U.K. Raju