Extracted from the PDF above. The PDF is authoritative.
1
CGHC010311562026
2026:CGHC:36109
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4178 of 2026 1 - Vikas Kumar S/o Shri Gopal Prasad Aged About 24 Years R/o Village Banari, Tahsil Janjgir, District Janjgir-Champa Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur,
District
Raipur
Chhattisgarh 2 - Collector, Janjgir District Janjgir-Champa Chhattisgarh 3 - Sub-Divisional Officer (Revenue) Janjgir, District Janjgir-Champa Chhattisgarh 4 - Tehsildar Janjgir District Janjgir-Champa Chhattisgarh
... Respondent(s) For Petitioner(s) : Mr. Surfaraj Khan, Advocate. For Respondent(s)/State : Mr. Shobhit Mishra, Dy. G.A.
Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 13/08/2026
1. By way of this petition, the petitioner has prayed for following reliefs:-
“10.1 That, this Hon'ble Court may kindly be pleased to issue a writ (s), order (s), direction (s) by quashing the impugned notice dated 29.07.2026. RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT
2 Annexure P-1) issued by Learned Tehsildar Janjgir together with its complete revenue proceeding (though the certified copies are not supplied to the petitioner even after paying the requisite fee, Annexure P/4) in respect of notice dated 29.07.2026 (Annexure P/1) and its further consequences (which the learned Tehsildar Jangjir has initiated/proceeded in compliance thereto, notice dated 29.07.2026 Annexure P-1). 10.2 That, this Hon'ble Court may kindly be please to call for the records pertaining to the matter from the respondent authorities. 10.3 Any other relief (s) in form of order or orders and/or direction (s) and costs as your lordships may deem fit and proper.”
2. Learned counsel for the petitioner submits that the Tehsildar, Janjgir has initiated review proceedings pursuant to the impugned notice dated 29.07.2026 without following the procedure prescribed under Section 51 of the Chhattisgarh Land Revenue Code, 1959. It is further submitted that, despite repeated requests, the petitioner has not been supplied with the relevant records, including the order-sheets and the alleged sanction granted by the SDO (Revenue), thereby depriving him of an effective opportunity of hearing. Learned counsel further submits that the order dated 09.10.2024 was merely a consequential order passed in compliance with the order of the superior revenue
3 authority and, therefore, the Tehsildar could not seek to review or modify the same in the manner proposed.
Reliance has also been placed upon the order passed by this Court in W.P.(C) No. 953/2020, wherein it has been held that the affected and interested person is required to be afforded an opportunity of hearing even at the stage of granting permission to review under Section 51 of the Chhattisgarh Land Revenue Code. It is, therefore, prayed that the impugned notice dated 29.07.2026 and the consequential review proceedings be quashed. 3. On the other hand, learned counsel appearing for the State opposes the petition and submits that the proceedings have been initiated in accordance with law. 4. Having heard learned counsel for the parties and having perused the material available on record, it appears that the order dated 09.10.2024 passed by the learned Tehsildar, Janjgir, which is sought to be reviewed, was passed without affording an opportunity of hearing to the petitioner, who is admittedly an affected and interested person in the matter. The issue is no longer res integra. This Court, in W.P.(C) No. 953/2020, has considered the requirement of affording an opportunity of hearing to the affected party even at the stage of granting permission to review under Section 51 of the Chhattisgarh Land Revenue Code, and has held that a person whose rights are likely to be affected by the proposed review is required to be heard before such permission is granted. 4
5. In view of the aforesaid settled legal position, the review proceedings initiated in the present case, without affording due opportunity of hearing to the petitioner at the relevant stage, cannot be sustained in law. 6. Consequently, the impugned notice/order dated 29.07.2026 issued by the learned Tehsildar, Janjgir, and the consequential proceedings arising therefrom are hereby quashed. 7. However, liberty is reserved to the competent revenue authority to proceed afresh in accordance with law, if so advised, after issuing prior notice to the petitioner, furnishing him with the relevant documents and affording him due and effective opportunity of hearing before taking any decision on the application/proposal seeking review of the order dated 09.10.2024. 8.
It is made clear that this Court has not expressed any opinion on the merits of the proposed review or on the correctness or otherwise of the order dated 09.10.2024. The present order is confined to the limited ground that, before initiating the review proceedings and/or granting permission for review under Section 51 of the Chhattisgarh Land Revenue Code, the petitioner, being an affected and interested party, was not afforded due opportunity of hearing. The competent authority shall, therefore, consider the matter afresh strictly in accordance with law and uninfluenced by any observation made herein on the merits of the case. 5
9. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat