1 2026:CGHC:15329 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1467 of 2026 Bhushan Prasad Tiwari S/o Mr. Shankar Prasad Tiwari Aged About 59 Years R/o Patwari Halka No. 7/10, Village- Dandesara, Tehsil And District Durg, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Management, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Chhattisgarh 2 - Divisional Commissioner Division- Durg, Chhattisgarh 3 - Collector District- Durg, Chhattisgarh 4 - Sub-Divisional Officer (Revenue) Durg, Chhattisgarh 5 - Tehsildar Durg District- Durg, Chhattisgarh ... Respondents (Cause title, as taken from Case Information System) For Petitioner : Mr. Siddharth Tiwari, Advocate. For Respondents : Mr. Saumitra Kesharwani, Panel Lawyer. (Hon’ble Mr. Justice Naresh Kumar Chandravanshi) Order on Board 02/04/2026 1. Instant writ petition under Article 226 of the Constitution of India has been preferred by the petitioner seeking following reliefs :- “10.1 This Hon’ble Court may kindly be pleased to issue writ / writs, direction /directions, order/directions, order / orders and may kindly be pleased to call for the records. 10.2 This Hon’ble Court may kindly be pleased to issue writ / writs, direction/directions, order/directions, order / orders and may kindly be 2 pleased to quash the order passed by the Divisional Commissioner Durg in Case No. 450/B -121/Year 2023- 24 dated 26.02.2026. 10.3 This Hon’ble Court may kindly be pleased to issue writ / writs, direction /directions, order/directions, order / orders and may kindly be pleased to quash the order passed by Collector Durg, dated 03.01.2024. 10.4 Any other relief, which this Hon’ble Court deems fit may be granted in the interest of justice. 2. Learned counsel appearing for the petitioner would submit that impugned order dated 26.02.2026 has been passed by the Commissioner, Durg division, in Appeal Case No. 450/B -121/Year 2023-24, which was filed against the order dated 03.01.2024 passed by Collector, Durg, District Durg. He further submits that the Collector, Durg has passed the order dated 03.01.2024 in Revenue Case No. 202307100100032/196 B-121 year 2022-23 without affording due opportunity of hearing to the petitioner. He next submits that this aspect has not been considered by the Commissioner, Durg Division, Durg (C.G.) while deciding the first appeal filed by the petitioner, therefore, he submits that this petition may be admitted for hearing. 3. Per contra, learned counsel for the respondents / State submits that impugned order dated 26.02.2026 has been passed by Commissioner, Durg Division, Durg in first appeal. It is next contended that there is an alternative efficacious remedy available to the petitioner to file second appeal under Section 44 (2) (b) of the C.G. Land Revenue Code, 1959 (for brevity, “Code, 1959”) before the Board of Revenue, hence, this petition is not maintainable. 4. I have heard learned counsel for the parties and perused the material available on record. 5. The impugned order dated 26.02.2026 has been passed by the Commissioner, Durg Division, Durg, in first appeal; and there is a provision under 3 Section 44(2)(b) of the Code to file a second appeal before the Board of Revenue. Thus, there is alternative efficacious remedy available to the petitioner to file second appeal under Section 44(2)(b) of the Code before the Board of Revenue, before whom, the petitioner may raise all these grounds . Hence, this Court is not inclined to entertain this petition invoking extraordinary jurisdiction of this Court. 6. Consequently, this petition stands disposed of granting liberty to the petitioner to file second appeal under Section 44(2)(b) of the Code, 1959. 7. Pending interlocutory application (s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.04.07 18:27:54 +0530