1 CGHC010056152023 2026:CGHC:37819 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 791 of 2023 Babloo @ Babua S/o Late Pawansai Aged About 44 Years Caste Rajwar Occupation- Cultivator, R/o Village- Bardhodi, Tahsil- Ambikapur, District : Surguja Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through the Collector Ambikapur, District : Surguja Chhattisgarh 2 - The Board Of Revenue, Chhattisgarh, Bilaspur, District : Bilaspur, Chhattisgarh 3 - The Commissioner, Surguja Division Ambikapur, District : Surguja Chhattisgarh 4 - The Sub- Divisional Officer (Revenue) Ambikapur, District : Surguja Chhattisgarh 5 - The Tahsildar Ambikapur, District : Surguja Chhattisgarh 6 - Sona Bai Illegitimate Child Of Late Pawansai Aged About 24 Years, SHYNA AJAY Digitally signed by SHYNA AJAY Date: 2026.08.25 18:34:24 +0530 2 Caste- Rajwar, R/o Village Bardhodi, Tahsil- Ambikapur, District : Surguja Chhattisgarh 7 - Jharo Bai D/o Late Pawansai, Aged About 60 Years W/o Ghursai, Caste- Rajwar R/o Village- Bharatpur, Tahsil- Lakhanpur, District : Surguja Chhattisgarh 8 - Ishwar S/o Late Dhanukram Aged About 53 Years Caste- Rajwar, R/o Village Ganeshpur, Tahsil- Lakhanpur, District : Surguja Chhattisgarh ... Respondent(s) (Cause Title downloaded from CIS Periphery) For Petitioner(s) : Mr. DN Prajapati, Advocate For Respondent No.6 For Respondent- State : : Ms. Priyanka Mehta, Advocate Mr. Shreyansh Mehta, Panel Lawyer S B: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 24/08/2026 1. By way of this petition, the petitioner seeks the following reliefs : 10.1 That, this Hon'ble Court may kindly be pleased to call the entire records pertaining to case of petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby setting-aside the impugned order dated 12.01.2023 (Annexure P/1) with all 3 consequential proceedings and orders. 10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given. 2. Learned counsel for the petitioner submits that the matter pertains to an order of partition under Section 178 of the Chhattisgarh Land Revenue Code, wherein a proper opportunity of hearing was not afforded to the petitioner. He further submits that the petitioner is the legitimate son of late Pawansai, whereas, respondent No.6 is the illegitimate child of Late Pawansai and as such, she is not entitled to any share in the subject ancestral property. He submits that this material fact as well as question of title has been overlooked by the authorities concerned. 3. Per contra, learned counsel for respondent No.6 submits that the grounds raised by the petitioner are unsustainable in law. She submits that respondent No.6- Sona Bai is the legitimate child of Late Pawansai and as such, is entitled to a share in the subject property. Hence, the revenue authorities have rightly ordered the partition, which calls no interference by this Court. 4. Learned counsel for the State submits that concurrent orders have been passed by the concerned revenue authorities, which warrant no interference in the present proceedings. 5. Heard learned counsel for the parties and also perused the documents annexed with the petition. 6. Since there exists a serious dispute regarding the legal status 4 and entitlement of respondent No.6, whose legitimacy is challenged by the petitioner and who claims a share in the ancestral property, the appropriate remedy lies before the competent Civil Court. Such disputed questions of fact can only be adjudicated upon recording proper evidence in this regard. 7. Considering the submissions advanced by learned counsel for the parties and the nature of the dispute emerging from the record, this Court, without entering into the merits of the case and without interfering with the orders passed by the revenue courts, disposes of this petition with liberty to the petitioner to approach the competent Civil Court to seek the appropriate relief, including challenging the order of partition, in accordance with law. 8. With the aforesaid observations/directions, the Petition is finally disposed of. Sd/- (Amitendra Kishore Prasad) Judge Shyna Ajay