Extracted from the PDF above. The PDF is authoritative.
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CGHC010290832026
2026:CGHC:34411
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4095 of 2026 1 - Smt. Radha Thakur W/o Shri, Sadhuram Thakur, Aged About 53 Years R/o- Gram Panchayat - Puri, Khaspara, Ward No. -03 Tahsil- Charama, District - North Baster, Kanker. (C.G.) 2 - Smt. Jhamit Bai Thakur, W/o. Shri, Jagmohan Singh Thakur, Aged About 80 Years R/o- Gram Panchayat - Puri, Khaspara, Ward No. -03 Tahsil-Charama, District - North Baster, Kanker. (C.G.) 3 - Smt. Bharti Sahu W/o Shri, Devendra Kumar Sahu, Aged About 37 Years R/o- House No. 155/b, Awaspara, Ward No. - 10, Gram Panchayat - Puri, Tahsil-Charama, District - North Baster, Kanker. (C.G.) 4 - Smt. Ramshila Sinha, W/o. Shri, Gopiram Sinha, Aged About 34 Years R/o- House No. 132, Awaspara, Ward No. - 05, Gram Panchayat - Puri, Tahsil-Charama, District - North Baster, Kanker. (C.G.) 5 - Khuman Singh Gota, S/o. Shri, Dukhu Ram Gota, Aged About 33 Years R/o- Ward No. - 01, Sahupara, Gram Panchayat - Puri, Tahsil- Charama, District - North Baster, Kanker. (C.G.)
... Petitioners versus 1 - The Collector, Kanker District -North Baster, Kanker, (C.G.) 2 - Nayab Tahsildar, Charama, District - North Baster, Kanker, (C.G.)
... Respondent(s) (Cause title is downloaded from CIS Periphery) For Petitioners : Mr. Utkarsh Verma, Advocate on behalf of Mr. Somkant Verma, Advocate. For State : Mr. Abhishek Gupta, PL Digitally signed by AMIT PATEL
2 Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board 06.08.2026
1. The petitioners have 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. 20261142200006/B-121/2025- 2026, by which canceled Land Record Booklet, issued in favour of the petitioners.”
2. Learned counsel appearing for the petitioners submits that the concerned Nayab Tahsildar, Charama, District North Bastar, Kanker (C.G.), by a preliminary order dated 21.01.2026, cancelled the Rin Pustika issued in favour of petitioner No. 1 in respect of Khasra No. 574/1, admeasuring 1.900 hectares; petitioner No. 2 in respect of Khasra No. 604/15, admeasuring 0.800, 1.340 hectares; petitioner No. 3 in respect of Khasra No. 574/1 , admeasuring 1.00 hectare, petitioner No. 4 in respect of Khasra Nos. 551/1 & 656/609, admeasuring 0.200 & 1.300 hectares: petitioner No. 5 in respect of Khasra No. 15, admeasuring 1.250 hectare respectively, all situated at Village Puri, Tahsil Charama, District North Bastar, Kanker (C.G.), without affording the petitioners any opportunity of hearing, in violation of the principles of natural justice. It is further submitted that no notice were issued to the petitioners, nor was any opportunity of hearing granted before passing the said order. The learned counsel contends that
3 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 petitioners have 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 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 petitioners were neither served with any notice nor were 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 cancelling the Rin Pustika issued in favour of petitioner No. 1 in respect of Khasra No. 574/1, admeasuring 1.900 hectares; petitioner No. 2 in respect of Khasra No. 604/15, admeasuring 0.800, 1.340 hectares; petitioner No. 3 in respect of Khasra No. 574/1 , admeasuring 1.00 hectare,
4 petitioner No. 4 in respect of Khasra Nos. 551/1 & 656/609, admeasuring 0.200 & 1.300 hectares and petitioner No. 5 in respect of Khasra No. 15, admeasuring 1.250 hectare respectively all situated at Village Puri, Tahsil Charama, District North Bastar, Kanker (C.G.), the respondent authorities shall issue due notice to the petitioners, afford them a reasonable opportunity of hearing, and thereafter pass a reasoned order strictly 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.
5. With this observation and direction, the petition stands disposed of.
Sd/-
(Amitendra Kishore Prasad) Judge AMIT PATEL