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2026 DAILYLAW 6018 (CHH)

RAJESH YELUKAR v. STATE OF CHHATTISGARH

WPC/1697/2026 · 2026-04-12

Shri Naresh Kumar Chandravanshi

body2026

Judgment text

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1 2026:CGHC:16876 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1697 of 2026 Rajesh Yelukar S/o Late Shri M.R. Yelukar, Aged About 60 Years R/o Shankar Nagar, Torwa, Bilaspur,tehsil And District- Bilaspur (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through-Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur (C.G.) 2 - Collector, Bilaspur, District-Bilaspur (C.G.) 3 - Sub Divisional Officer (Revenue), Bilaspur, District- Bilaspur (C.G.) 4 - Aniruddha Biswas, S/o Late A.M. Biswas, Aged About 56 Years R/o Tehsildar Street, Hemunagar, Torwa, Bilaspur, Tehsil And District- Bilaspur (C.G.) 5 - Shri Manish Sahu, Sub Divisional Officer (Revenue) Bilaspur, District- Bilaspur(C.G.) ... Respondents For Petitioner : Mr. Gourang Dubey, Advocate For Respondents 1 to 3/State : Dr. Arham Siddiqui, Panel Lawyer (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 13.4.2026 1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India, seeking following relief(s):- 10.1 That the Hon'ble Court may kindly be pleased to set aside the order dated 14.07.2025 passed by the Respondent no.3 in Execution Revenue case number 202301072400005/A-6/22-23. BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.04.15 10:23:33 +0530 2 10.2 That the Hon'ble Court may kindly be pleased to direct the respondent 3 to pass final order executing its own order dated 30.03.2009 and take appropriate action as directed therein against the respondent no.4. 10.3 That the Hon'ble Court may kindly be pleased to direct the respondent no. 1 and 2 to make enquiry in the matter and take stern departmental action against the respondent no.5 in extending illegal benefit to respondent no.4. 10.4 That the Hon'ble Court may kindly be pleased to pass any other order as this Hon'ble court may deem fit and proper in the interest of justice. 2. Learned counsel for the petitioner submits that Execution Revenue Case No.202301072400005/A-6/22-23 has been pending consideration before Sub Divisional Officer (Revenue), Bilaspur since January 2023. It is submitted that after hearing both the parties, the case was fixed for passing final order on 10.3.2025. However, instead of pronouncing the final order, the Sub-Divisional Officer (Revenue), Bilaspur, vide order dated 14.07.2025, dismissed the case for want of prosecution. Learned counsel further submits that aforesaid dismissal occurred due to an inadvertent error, which has been duly acknowledged by the Sub Divisional Officer (Revenue), Bilaspur himself. It is further submitted that the Sub Divisional Officer (Revenue) has already moved a request before the Collector, Bilaspur seeking permission to review the order dated 14.07.2025; however, no order has been passed by the Collector on the said request till date. Hence, learned counsel prays that this petition may be disposed of at this stage directing the Collector, Bilaspur to take steps in deciding the review request made by Sub Divisional Officer (Revenue), Bilaspur and thereafter the concerned SDO be directed to decide the aforementioned Execution case within time frame. 3 3. Learned counsel for the State, on instructions, submits that request made by respondent No.3/Sub Divisional Officer (Revenue), Bilaspur seeking permission to review order dated 14.7.2025, is pending consideration before the Collector, Bilaspur and the same shall be decided in short period. He further submits that he has no objection if the prayer of the petitioner is allowed. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Having considered the contention put forth by learned counsel for both the parties, without entering into the merits of the case, this petition is disposed of at this stage, directing respondent No.2-Collector, Bilaspur to decide the request for review made by respondent No.3-Sub Divisional Officer (Revenue), Bilaspur, within a period of 10 working days from today. It is further directed that, upon such decision being taken by the Collector, Bilaspur, the Sub Divisional Officer (Revenue), Bilaspur is directed to decide the Execution Revenue Case No.202301072400005/A-6/22-23, within a further period of 45 days from the date of passing of order by the Collector. 6. Learned counsel for the State is directed to apprise the Collector, Bilaspur about this order so that it be complied with within stipulated period. 7. With aforesaid observation and direction, this petition stands disposed of. 8. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Bini