1 / 5 CGHC010268142020 2026:CGHC:36126 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2951 of 2020 1 - Firteen Bai Dhanuhaar (Died) Through LR: 1 (a) Kumari Dhanuhaar D/o Late Shri Baraturam Dhanuhaar W/o Shivprasad Dhanuhaar Aged About 30 Years R/o Khamhariya, Post Akalsara, Police Station And Tahsil Baradwar, District- Sakti (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Naya Raipur , District Raipur Chhattisgarh. 2 - Collector Janjgir Champa Revenue And Civil District Janjgir Champa Chhattisgarh 3 - Sub Divisional Officer (Revenue) Sakti, Revenue And Civil District Janjgir Champa Chhattisgarh. 4 - Tehsildar Jaijaipur Revenue And Civil District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh Digitally signed by PRAVEEN KUMAR SINHA Date: 2026.08.17 17:40:25 +0530 2 / 5 5 - Gram Panchyat Salani Through Its Secretary , Tehsil Jaijaipur, Revenue And Civil District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 6 - Sarpanch Gram Panchayat Salani, Tehsil Jaijaipur, Revenue And Civil District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 7 - Manglu Ram Chouhan S/o Late Shri Mahatter Chouhan Aged About 48 Years Posted As Kotwar Of Village Dhanuhaarpara And Village Karaiwahdih, Tehsil Jaiajipur, Revenue And Civil District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Surfaraj Khan Advocate For Resp. No. 1 to 4/State : Mr. Rajkumar Sahu, Panel Lawyer For Respondent No.7 : Mr. Ajay Chandra, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 13/08/2026 1. Petitioner has filed this writ petition seeking following reliefs: “10.1 That, this Hon'ble Court may kindly be pleased to issue a Suitable Writ (s), Order (s), Direction (S), by quashing the entire proceeding (Annexure P/1) passed in Revenue Case No. 110/8-121/2019-2020, (mfpr र ), by the respondent no. 4, only in respect to the deceased husband of the petitioner and to issue a suitable writ in the nature of prohibition for preventing an order or decision being made which if made would be subject to certiorari. 3 / 5 10.2 That, this Hon'ble Court may kindly be pleased to call the entire records from the court below for its kind perusal. 10.3 Any other relief, which may be suitable in the facts and circumstances of the case, may also be granted.” 2. Learned counsel for the petitioner submits that original petitioner – Firteen Bai was wife of Late Baratu Ram. Respondent No.7 has filed proceeding under Section 182 of the Chhattisgarh Land Revenue Code, 1959 (for short “Code of 1959”) before the Tahsildar impleading about four persons including Baratu Ram. On the date of filing of application, Baratu Ram was not alive and therefore he could not have been impleaded as party non-applicant. He contended that Tahsildar, even after recording that the Court was informed about the death of Baratu Ram, not deleted the name of Baratu Ram, issued notice to Firteen Bai and is proceeding against her. His next contention is that without imleadment of Firteen Bai wife of Baratu Ram as non-applicant, notice was served upon her for her appearance in the proceeding before the Tahsildar and therefore said proceeding was per se illegal as no notice can be served to a person not impleaded as party non-applicant therein. 3. When the Court posed a question to learned counsel for the petitioner as to whether any objection is raised by noticee/original petitioner after receipt of notice that “she cannot be noticed when she is not a party non-applicant in the proceeding”, he submits that an application is submitted by original petitioner Firteen Bai on 4 / 5 13.07.2020 along with death certificate of deceased Baratu Ram. However, name of her husband was not struck down even thereafter. 4. Learned counsel appearing for respondent No.7 has not disputed the submission of learned counsel for the petitioner with regard to death of Baratu Ram in view of proceeding drawn on 13.07.2020 by the Tahsildar. 5. From perusal of the application filed by respondent No.7 (at page No.16 of this writ petition) it is appearing that respondent No.7 has filed application before Tahsildar alleging that Dhansai, Shubram, Baratu Ram, Chhotelal were opposing and obstructing the lessee of respondent No.7 to do the agricultural activity in the agricultural field. 6. Once it is brought to the notice of Tahsildar/respondent No.4 that one of the non- applicant or noticee has died and further that application bringing to notice of this fact along with death certificate has also been submitted by the petitioner herein, it was for the Tahsildar to pass appropriate order on the application/objection submitted by original petitioner deceased- Firteen Bai, which till 21.09.2020 was not considered and appropriate order was not passed. After filing of this writ petition, on 03.12.2020 proceeding pending before the Tahsildar has been stayed. It appears that due to stay order, no further proceeding is drawn by Tahsildar. 7. In the aforementioned facts of the case, instead of keeping this writ petition pending, I find it appropriate to dispose of this writ petition directing respondent No.4/Tahsildar to first consider and take decision on the application submitted by Firteen Bai on 13.07.2020 5 / 5 for deleting the name of Baratu Ram from the proceeding and to pass appropriate orders in this regard and thereafter to proceed with the case. 8. Accordingly, it is directed to respondent No.4/Tehsildar to first take decision on the application dated 13.07.2020/objection first and thereafter to proceed with the case. 9. With the aforesaid observation and direction, writ petition stands disposed of. Sd/Sd Sd/- (Parth Prateem Sahu) Judge Praveen