1 CGHC010267362026 2026:CGHC:32789 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 678 of 2026 1 - Haripriya Joshi Wd/o Late Shri Purshottam Joshi Aged About 66 Years R/o Ward No. 12, Awaspara, Tahsil Charama, District North Bastar Kanker Chhattisgarh. 2 - Manish Joshi (Died) Through Legal Heir:- 2.1 - Chandrakala Joshi W/o Late Manish Joshi Aged About 43 Years R/o Village Ward No. 12 Awas Para, Charama, District North Bastar Kanker Chhattisgarh. 2.2 - Tannushri Joshi S/o Late Manish Joshi Aged About 11 Years Minor, The Chandrakala Joshi (Mother) Petitioner No. 2(A) Of The Legal Guardian Petitioner No. 2(B) Tanushri Joshi Minor Children, R/o Village Ward No. 12 Awas Para, Charama, District North Bastar Kanker Chhattisgarh. 3 - Jitesh Kumar Joshi S/o Purushottam Joshi Aged About 35 Years Awas Para, Dargahan, District North Bastar Kanker Chhattisgarh. 4 - Jaya Pandey W/o Prakash Chandra Pandey Aged About 43 Years R/o Bhurmuni, Pihtoragarh Uttarakhand. 5 - Dipesh Joshi S/o Kailashchandra Joshi Aged About 40 Years Shitlapara, R/o Ward No. 3, Charama, District North Bastar Kanker Chhattisgarh. 6 - Hitesh Joshi S/o Chandrakant Joshi Aged About 39 Years R/o 352, Nakapara, Charama, District North Bastar Kanker Chhattisgarh. RAVVA UTTEJ KUMAR RAJU Digitally signed by RAVVA UTTEJ KUMAR RAJU Date: 2026.07.30 18:53:32 +0530 2 7 - Nitesh Joshi S/o Prabhashankar Joshi Aged About 33 Years R/o 352, Near Rest House, Shitlapara, Ward No. 3, Charama, District North Bastar Kanker Chhattisgarh ... Applicants Versus 1 - State of Chhattisgarh Through Secretary, Ministry Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur Chhattisgarh. 2 - Commissioner Division Bastar, Chhattisgarh. 3 - Collector Kanker District North Bastar Kanker Chhattisgarh. 4 - Sub Divisional Officer (Revenue) Charama, District North Bastar Kanker Chhattisgarh. 5 - Tahsildar Tahsil Charama, District North Bastar Kanker Chhattisgarh. 6 - District Registrar Kanker District North Bastar Kanker Chhattisgarh. 7 - Deputy Registrar Kanker District North Bastar Kanker Chhattisgarh. 8 - Sarpanch Gram Panchayat Dargahan Tahsil Charama, District North Bastar Kanker Chhattisgarh. 9 - Chhattisgarh Sarv Adiwasi Samaj Block Charama, District North Bastar Kanker Chhattisgarh ... Respondents (Cause title is downloaded from CIS Periphery.) For Applicants : Mr. Bhaskar Payashi, Advocate. For State : Mr. S.S. Choubey, G.A. 3 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 30/07/2026 1. By way of this petition, the applicants have prayed seeking following reliefs:- “It is, therefore, most humbly prayed that this Hon’ble Court may kindly be pleased to allow the instant application for modification of order dated 08.05.2026 in WPC 697/2024 to the extent of liberty to approach competent Authority for necessary permissions required as per law, in the interest of justice.” 2. Learned counsel for the applicants submits that the applicants had preferred WPC No. 697 of 2024 challenging the memo dated 26.04.2022 issued by respondent No. 4, Sub-Divisional Officer (Revenue), Charama, District North Bastar Kanker, whereby the purchase and sale of the land bearing Khasra No. 147, admeasuring 3.709 hectares, situated at Village Dargahan, Tahsil Charama, District North Bastar Kanker, was stayed on the ground of alleged violation of Sections 109, 110 and 178 of the Chhattisgarh Land Revenue Code, 1959 and Section 61-B of the Chhattisgarh Panchayat Raj Adhiniyam, 1993. It is further submitted that during the pendency of the writ petition, the applicants filed an application on 04.05.2026 seeking permission to withdraw the writ petition with liberty to approach the competent authority for seeking appropriate permissions in accordance with 4 law. Upon mention being made, the matter was taken up on 08.05.2026, when this Court was pleased to permit withdrawal of the writ petition. He next submits that although this Court had granted permission to withdraw the petition with liberty to approach the competent authority, the said liberty has inadvertently not been reflected in the operative portion of the order dated 08.05.2026. It is submitted that when the applicants approached respondent No. 3, the Sub-Divisional Officer (Revenue), Charama, the authority declined to entertain their request on the ground that the order dated 08.05.2026 does not expressly reserve liberty to approach the competent authority. 3. No objection has been raised from other side to the modification sought for. 4. Accordingly, the order dated 08.05.2026 passed in WPC No. 697/2024 is modified as under:- “(4) However, liberty is reserved in favour of the petitioner to approach before the respondent No. 4/S.D.O. (Revenue), Charama, District North Bastar Kanker, Chhattisgarh in accordance with law” 5. Accordingly, the MCC stands allowed in the aforesaid terms. Sd/- (Amitendra Kishore Prasad) Judge U.K. Raju