1 2026:CGHC:17510 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1632 of 2026 1 - Kamladevi Wd/o Late Kamal Shankar Aged About 80 Years R/o Barari Ashram, Station Road, Champa, Tehsil- Champa, District- Janjgir-Champa, (Cg) (Non- Appellants) 2 - Arun Kumar Upadhyay S/o Late Kamla Shankar Aged About 56 Years R/o Barari Ashram, Station Road, Champa, Tehsil- Champa, District- Janjgir-Champa, (Cg) (Non-Appellants) --- Petitioners versus 1 - State Of Chhattisgarh Through The Department Of Revenue And Disaster Management, Mahanadi Bhawan, Atal Nagar, District Raipur (Cg) 2 - Collector Janjgir-Champa, C.G., District- Janjgir-Champa, C.G. 3 - Sub Divisional Officer (Revenue) Champa, District- Janjgir-Champa, C.G. 4 - Shanti Devi Wd/o Late Shantilal Sharma Aged About 80 Years R/o Barari Ashram, Station Road, Champa, Tehsil- Champa, District- Janjgir-Champa, (Cg) (Appellants) 5 - Amrita Pandey D/o Late Shantilal Sharma Aged About 41 Years R/o Barari Ashram, Station Road, Champa, Tehsil- Champa, District- Janjgir-Champa, (Cg) (Appellants) --- Respondent(s) For Petitioners : Mr. Shobhit Koshta, Adv. For Respondents No. 1 to 3 : Mr. Shobhit Mishra, Dy. Govt. Adv. Hon'ble Shri Justice Naresh Kumar Chandravanshi Order On Board 16-4-2026 1. The petitioners have preferred this writ petition under Article 226 of the Constitution of India seeking following reliefs :- 10.1 This Hon'ble Court may kindly be pleased to issue appropriate writ and quash / set-aside the impugned order AVANISH KUMAR PATHAK Digitally signed by AVANISH KUMAR PATHAK Date: 2026.04.21 11:18:01 +0530 2 dated 5/2/26 and may kindly be pleased to quash the proceedings pending before the SDO (Revenue), Champa in Case No.- 202506061300047/A-27, Year 2024-2025 in the interest of justice. 10.2 This Hon'ble Court may kindly be pleased to call for the entire records of the instant case, for kind perusal of this Hon'ble Court. 10.3 This Hon'ble Court may also be pleased to grant the cost of the petition to the petitioners. 10.4 Any other relief which this Hon'ble Court deem fit and proper may also kindly be granted to the petitioners in the interest of justice. 2. Learned counsel for the petitioners would submit that, vide order (Annexure P-3) dated 5-2-2026, the Sub Divisional Officer (Revenue), Champa, District Janjgir-Champa while admitting the appeal filed by the respondents No. 4 and 5, condoned the delay of about 4 years in filing of appeal against the order passed by the Tehsildar dated 6-12- 2021 (Annexure P-1), whereby the application for partition filed by respondents No. 4 and 5 has been rejected. He further submits that, the respondent No. 3/Sub Divisional Officer (Revenue) has allowed the condonation application filed by the respondents No. 4 and 5 under Section 5 of the Limitation Act, though no sufficient reason was assigned by respondents No. 4 and 5 for delay. Hence, the order dated 5-2-2025 is completely perverse. He also submits that, aforesaid order has been challenged by the petitioners by filing revision (Annexure P- 4) before the Upper Collector, Janjgir-Champa. Hence, present writ 3 petition may be admitted for hearing. 3. Per contra, learned Counsel appearing for the State would submit that, since the petitioners have already challenged the impugned order before the Upper Collector by filing revision, therefore this writ petition is not maintainable. 4. Having considered the contentions made by learned counsel for the parties, since the petitioners have already challenged the impugned order dated 5-2-2026 passed by the Sub Divisional Officer (Revenue), Champa by filing revision before the Upper Collector, Janjgir-Champa under Section 50 of the CG Land Revenue Code, 1959 and they have already availed the alternative remedy available to them, hence, I am not inclined to entertain this writ petition. 5. In view of above, this writ petition is disposed of. However, liberty is left with the petitioners to raise all the grounds before the concerned authority. 6. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge pathak