1 CGHC010206272021 2026:CGHC:39951 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 402 of 2021 1 - Ashok Kumar Arora S/o Amarnath Arora, Aged About 61 Years, R/o Kapil Nagar, Sarkanda, Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through Secretary, Revenue and Disaster Management Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. (Before the Board of Revenue the complete cause title of the respondent No. 2 i.e. State of Chhattisgarh has not been mentioned, since the matter pertains to the revenue, therefore, the State has been arrayed as a party through Secretary Revenue), District : Raipur, Chhattisgarh 2 - Singhal Enterprises Pvt. Ltd. Through its Manager Girindra Kumar Mishra, Aged About 55 Years, R/o. Gharghoda, District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioner : Ms. Shivangi Agrawal, Advocate on behalf of Mr. Anurag Singh, Advocate. For State : Mr. Atanu Ghosh, Deputy Govt. Advocate. For Respondent No.2 : Mr. Shikhar Sharma, Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 11-09-2026 1. Present is a writ petition filed by the petitioner under Article 227 of the Constitution of India against the impugned order dated 15-07-2021 passed by Chhattisgarh Board of Revenue, Bilaspur in Revision Case No. A/R/A- 19(1)/13/119/2012, whereby the revision preferred by the respondent No.2 Digitally signed by MOHAMMED AADIL KHAN Date: 2026.09.15 18:52:48 +0530 2 was allowed and the order passed by the Commissioner, Bilaspur Division dated 21-09-2012 as well as the order passed by the Additional Collector Raigarh dated 25-03-2010 have been set-aside. 2. Learned counsel for the petitioner would submit that the petitioner initially made an application before the Additional Collector Raigarh for exchange of his land bearing Khasra No.468/1, 417, 419/1, 460/1 total area 1.800 hectare situated at Kurmibhawna, Tahsil Gharghoda with the Government land bearing Khasra No.32/2 area 1.692 hectare situated at Village Taraimal, Gharghoda, Raigarh. After necessary procedure and obtaining reports from the concerned revenue authorities, the Additional Collector Raigarh passed the order dated 25-03-2010 and allowed the application for exchange of the land and the land of Khasra No.32/2 area 1.692 hectare was allotted in the exchange of petitioner’s land. She would further submit that the order dated 25-03-2010 was challenged by respondent No.2 before the Commissioner, Bilaspur Division in appeal which was dismissed by the Commissioner vide order dated 21-09-2012. Thereafter, respondent No.2 approached before the Board of Revenue by filing revision which was allowed vide order dated 15- 07-2021, against which the present petition has been filed. 3. Learned counsel for the petitioner would also submit that the Board of Revenue without noticing the petitioner allowed the revision filed by respondent No.2. The impugned order passed by the Board of Revenue suffers from illegality as no proper opportunity of hearing has been provided to the petitioner and without service of notice upon him the order has been passed. Therefore, she prayed that the impugned order may be set aside and the matter may be remitted back to the Board of Revenue for deciding it afresh after giving proper opportunity of hearing to the parties. 4. On the other hand, learned counsel appearing for respondent No.2 would oppose the submissions made by the learned counsel for the petitioner and 3 submits that there is no infirmity or illegality in the impugned order and the Board of Revenue has passed its order in accordance with law which does not require any interference. 5. Learned counsel for respondent No.1 has also supported the impugned order passed by the Board of Revenue. 6. I have heard learned counsel for the parties and perused the documents annexed with the petition. 7. The sequence of events are not in dispute that initially vide order dated 25- 03-2010 the Additional Collector Raigarh has passed the order in favour of the petitioner with respect to the exchange of the land. The appeal filed by respondent No.2 before the Commissioner, Bilaspur Division has been dismissed against which he approached before the Board of Revenue, Bilaspur in revision in which the impugned order dated 15-07-2021 has been passed. From the order sheets of the Board of Revenue it clearly transpires that though the notice was ordered to be issued to the petitioner who was non-applicant No.1 before the Board of Revenue, but service of notice could not be effected and in all the order sheets he could not make his appearance for non-service of notice upon him. Ultimately, the Board of Revenue has passed the order dated 15-07-2021 which is apparently in absence of the petitioner in whose favour the order dated 25-03-2010 passed by the Additional Collector Raigarh and dated 21-09-2012 passed by the Commissioner, Bilaspur Division and thereby the Board of Revenue has committed an illegality by passing the order dated 15-07-2021 without hearing him on merits of the case. 8. Accordingly, this Court is of the considered opinion that the impugned order dated 15-07-2021 passed by the Board of Revenue is liable to be quashed and is accordingly hereby quashed. The matter is remitted back to the Board of Revenue, Bilaspur for deciding the case afresh after providing proper 4 opportunity of hearing to the parties concerned in accordance with law on its own merits. 9. The parties are directed to appear before the Board of Revenue, Bilaspur on 29-09-2026. Thereafter, the Board of Revenue shall proceed in accordance with law in the case. The present writ petition is accordingly allowed. Sd/- (Ravindra Kumar Agrawal) Judge Aadil