Extracted from the PDF above. The PDF is authoritative.
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CGHC010373522026
2026:CGHC:41654
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4911 of 2026 Chandra Prabha Gour W/o Late Shri D.K. Gour Aged About 78 Years R/o 82 Sundra Nagar, Raipur, District Raipur Chhattisgarh
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Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Naya Raipur, District Raipur
Chhattisgarh 2 - Commissioner Raipur Division, Raipur, District Raipur Chhattisgarh 3
- Collector
Raipur
District
Raipur
Chhattisgarh 4 - Sub-Divisional Officer (Revenue) Raipur, District Raipur Chhattisgarh 5
- Tehsildar
Raipur
District
Raipur
Chhattisgarh 6 - Santosh Kumar Pujari S/o Late Shri B.L. Pujari Aged About 70 Years R/o M.G. Road, Raipur, Tahsil And District Raipur Chhattisgarh 7 - Ravindra Prakash Pujari S/o Late Shri B.L. Pujari Aged About 84 Years R/o M.G. Road, Raipur, Tahsil And District Raipur Chhattisgarh
2 8 - Shyama Pujari W/o Late Shri Mahendra Prakash Pujari Aged About 78 Years R/o Pujari Niwas, M.G. Road, Raipur, Tahsil And District Raipur Chhattisgarh (Substituted In Place Of Mahendra Prakash Pujari, Who Died During The Pendency Of Appeal Before The Court Of Learned
S
D
O
(R),
Raipur) 9 - Manish Pujari S/o Late Shri Mahendra Prakash Pujari Aged About 55 Years R/o Pujari Niwas, M.G. Road, Raipur, Tahsil And District Raipur Chhattisgarh (Substituted In Place Of Mahendra Prakash Pujari, Who Died During The Pendency Of Appeal Before The Court Of Learned S D O
(R),
Raipur) 10 - Shweta Mishra D/o Late Shri Mahendra Prakash Pujari Aged About 51 Years R/o Pujari Niwas, M.G. Road, Raipur, Tahsil And District Raipur Chhattisgarh (Substituted In Place Of Mahendra Prakash Pujari, Who Died During The Pendency Of Appeal Before The Court Of Learned
S
D
O
(R),
Raipur) 11 - Smt. Sushma Pujari W/o Late Shri Ashok Pujari Aged About 65 Years R/o M.G. Road, Raipur, Tahsil And District Raipur Chhattisgarh 12 - Karan Pujari S/o Late Shri Ashok Pujari Aged About 40 Years R/o M.G. Road, Raipur, Tahsil And District Raipur Chhattisgarh 13 - Kumari Namrata Pujari D/o Late Shri Ashok Pujari Aged About 38 Years R/o M.G. Road, Raipur, Tahsil And District Raipur Chhattisgarh 14 - Durga Pujari D/o Late Shri B. L. Pujari Aged About 68 Years R/o M.G. Road, Raipur, Tahsil And District Raipur Chhattisgarh 15 - Lakshmi Pujari D/o Late Shri B.L. Pujari Aged About 66 Years R/o M.G. Road, Raipur, Tahsil And District Raipur Chhattisgarh
3 16 - Mrs.
Uma Chahal Deserted W/o Shri Rajendra Chahal Aged About 63 Years R/o M.G. Road, Raipur, Tahsil And District Raipur Chhattisgarh 17 - Rajesh Pujari S/o Late Shri B.L. Pujari Aged About 61 Years R/o M.G. Road, Raipur, Tahsil And District Raipur Chhattisgarh
... Respondent(s) For Petitioner(s) : Mr. Surfaraj Khan, Advocate For State : Mr. Vivek Verma, G.A.
Hon’ble Shri Justice Amitendra Kishore Prasad
Order on Board 25/09/2026
1. The present petition is filed by the petitioner praying for the following reliefs: 10.1 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ, order or direction directing respondent no. 4/SDO (R) Raipur to consider and decide the statutory appeal (Annexure P/4), expeditiously and preferably within a time-bound period, as may be deemed fit and proper by this Hon’ble Court. 10.2 That, this Hon’ble Court may kindly be pleased to call the entire records from the court below for its kind perusal. 10.3 Any other relief, which may be suitable in the
facts and circumstances of the case, may also be granted. 2. Learned counsel for the petitioner submits that the petitioner has filed the present petition seeking a direction to the appellate
4 authority (respondent no. 4) for expeditious consideration and disposal of the statutory appeal preferred by the respondent no. 6 and 7 on 23.06.2023 under Section 44 of the Chhattisgarh Land Revenue Code, 1959. The said statutory appeal is filed by the respondent no. 6 and 7 challenging the mutation order dated 25.05.2023 passed by the Court of learned Additional Tehsildar Raipur in Revenue Case No. 202301113700003/A-6/year2022-
23. The appeal preferred by respondent no.6 and 7 is purely on the ground that there is a Will dated 14.01.1994 executed by late Shyam Kumari Pujari in favour of respondent no. 06 and 07 and Additional Tehsildar Raipur has not considered the Will on the objection of other co-sharer and had passed the impugned order dated 25.05.2023 by holding that the revenue court has no such power to decide the genuineness of a Will. The petitioner thus prays for a direction to respondent no. 4 to consider and decide the statutory appeal within a time-bound period. 3. Learned State counsel submits that looking to the pendency of the case, this Court may dispose of the petition by directing respondent no. 4 to consider and decide the statutory appeal within 45 days in accordance with law. 4. Heard learned counsel for the respective parties and perused the material available on record. 5. Having considered the submissions made by learned counsel for the parties and having regard to the limited relief sought by the petitioner, this Court directs the respondent no. 4 to consider and
5 conclude the statutory appeal preferred by respondent no. 6 and 7 on 23.06.2023 pending before him, in accordance with law and shall afford due and reasonable opportunity of hearing to all concerned parties, as expeditiously as possible, preferably within a period of 30 days from the date of receipt of a copy of this order, subject to there being no legal impediment in doing so. 6. It is further clarified that this Court has not expressed any opinion on the merits of the claims or contentions of the parties, and the competent authority shall take an independent decision in accordance with the applicable provisions of law and the material available before it. 7.
With the aforesaid direction, the present petition stands disposed of. SD/- (Amitendra Kishore Prasad) JUDGE Madhurima