Extracted from the PDF above. The PDF is authoritative.
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CGHC010266222026
2026:CGHC:35456
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 744 of 2026 1 - Milan Bai Dewangan W/o Late Prahlad Dewangan Aged About 70 Years R/o Dewangan Para, Champa, Tehsil And District Janjgir- Champa
(C.G.) 2 - Anil Dewangan S/o Late Prahlad Dewangan Aged About 54 Years R/o Dewangan Para, Champa, Tehsil And District Janjgir- Champa (C.G.) 3 - Ajay Dewangan S/o Late Prahlad Dewangan Aged About 51 Years R/o Dewangan Para, Champa, Tehsil And District Janjgir- Champa (C.G. 4 - Anjani Dewangan D/o Late Prahlad Dewangan Aged About 45 Years R/o Dewangan Para, Champa, Tehsil And District Janjgir- Champa (C.G.)
... Applicants versus 1 - State Of Chhattisgarh Through Secretary, Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya Capital Complex, Atal Nagar,
Nawa
Raipur,
District
Raipur
(C.G.)
2 2 - Ashok Kumar S/o Late Ekadashiya Dhobi R/o Village Champa, Tehsil
Champa,
District
Janjgir-
Champa
Chhattisgarh 3 - Prembai W/o Late Dwadasiya Dhobi, R/o Village Champa, Tehsil Champa,
District
Janjgir-
Champa
Chhattisgarh 4 - Ganpat S/o Late Dwadasiya Dhobi R/o Village Champa, Tehsil Champa,
District
Janjgir-
Champa
Chhattisgarh 5 - Santosh Kumar S/o Late Dwadasiya Dhobi R/o Village Champa, Tehsil
Champa,
District
Janjgir-
Champa
Chhattisgarh 6 - Kartikeshwar S/o Late Dwadasiya Dhobi R/o Village Champa, Tehsil Champa,
District
Janjgir-
Champa
Chhattisgarh 7 - Juber Memon @ Hanif Menon S/o L. Menon R/o Near Bdm Hospital, Champa,
District
Janjgir-
Champa
Chhattisgarh 8 - Sub-Divisional Officer, Champa, District - Janjgir-Champa Chhattisgarh 9 - Tehsildar Champa, District Janjgir-Champa Chhattisgarh (Kachra Bai, D/o- Bairagi Ram (Since Died) As Per The Information Of The Petitioners She Died In 2015 Itself)
. Non-Applicants (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Applicants :- Mr. Sandeep Patel, Advocate For State :- Mr. R.K. Gupta, Addl.A.G. For Respondents No. 2,3 & 5:- Mr. R.S. Patel, Advocate For Respondent No. 7 :- Mr. Shivang Dubey, Advocate ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad
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Order On Board 12.08.2026
1. By way of the present M.C.C. application filed under Section 151 of the CPC, the applicants seek modification/correction of the
order dated 15.06.2026 passed by this Court in W.P.(C) No. 1880 of 2021, to the extent that the order dated 11.01.2017 passed by the Commissioner has also been quashed along with the order dated 11.02.2021 passed by the Board of Revenue.
2. Learned counsel for the applicants submits that the reference to the order dated 11.01.2017 passed by the Commissioner as an impugned order in paragraph 12 of the order dated 15.06.2026 was inadvertent, as the writ petition was directed against the order dated 11.02.2021 passed by the Board of Revenue, with a prayer for restoration of the order dated 11.01.2017.
3. On perusal of the prayer clause and the record, it is apparent that the order dated 11.01.2017 was not under challenge; rather, its restoration was sought. The reference to the said order as an impugned order in paragraph 12 of the order dated 15.06.2026 was, therefore, an inadvertent error.
4. Accordingly, the M.C.C. is allowed. The order dated 15.06.2026 passed in W.P.(C) No. 1880 of 2021 shall stand modified to the extent that the reference to and quashing of the order dated 11.01.2017 passed by the Commissioner shall stand deleted.
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5. Paragraph 12 of the order dated 15.06.2026 shall be read as under:
“Accordingly, in view of the aforesaid facts, circumstances, and the legal position governing the field, the present writ petition deserves to be and is hereby allowed. Consequently, the impugned order dated 11.02.2021 is hereby quashed and set aside being unsustainable in the eyes of law.”
6. It is clarified that the order dated 11.01.2017 passed by the Commissioner shall stand restored and shall not be treated as having been quashed.
7. Let a copy of this order be placed on the record of W.P.(C) No. 1880 of 2021.
sd/- (Amitendra Kishore Prasad)
Judge Vishakha