1 2026:CGHC:17522 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 317 of 2026 1 - Santlal Manjhi S/o Jugel Aged About 48 Years, Cast- Gond R/o Vill.- Harra Tola Tah.- Mohla District- Manpur-Mohla-Ambagarh Chowki (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary Revenue Department Mahanadi Bhawan Naya Raipur District- Raipur (C.G.) 2 - The President, Revenue Board, Camp Raipur (C.G.) 3 - The Commissioner, Durg Division, Durg (C.G.) 4 - Collector Manpur -Mohla-Ambagarh -Chowki, District- Manpur-Mohla-Ambagarh Chowki (C.G.) 5 - Sub-Divisional Officer Mohla District- Manpur -Mohla-Ambagarh Chowki (C.G.) 6 - Tahsildar, Mohla, District- Manpur-Mohla-Ambagarh Chowki (C.G.) 7 - Manhersingh S/o Sheetal, Cast- Gond, R/o Vill.- Harra Tola, Tah.- Mohla, District- Manpur - Mohla-Ambagarh Chowki (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Rakesh Kumar Thakur, Advocate. For State : Mr. Ghanshyam Kashyap, Deputy Govt. Advocate. For Respondent No.7 Mr. Gyan Prakash Shukla, Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 16-04-2026 1. The present writ petition under Article 227 of the Constitution of India has Digitally signed by MOHAMMED AADIL KHAN Date: 2026.04.21 10:50:00 +0530 2 been filed by the petitioner against the order dated 03-02-2026 passed by the Chhattisgarh Board of Revenue, Bilaspur, Circuit Court at Raipur in Case No. RN/30/R/A-70/639/2025 whereby the revision filed by the petitioner has been dismissed. 2. Learned counsel for the petitioner would submit that the respondent No.7 was prosecuting an application under Section 250 of the Chhattisgarh Land Revenue Code, 1959 before the Nayab Tahsildar, Mohla, District- Manpur-Mohla- Ambagarh Chowki (C.G.) with respect to the alleged encroachment over his land by the present petitioner. The said proceeding before the Nayab Tahsildar was dismissed for want of prosecution on on 21-02-2023. On 16-06-2023 the respondent No.7 applied for restoration of the proceeding before the Nayab Tahsildar, Mohla which was disposed of by directing the respondent No.7 to avail appropriate remedy available under the law. Thereafter, the respondent No.7 challenged the order dated 21-02-2023 passed by Nayab Tahsildar, Mohla by filing an appeal before the Sub-Divisional Officer (Revenue), Mohla who vide order dated 02-08-2024 considered the case on merits, whereas, the issue with respect to restoration of the proceeding before the Nayab Tahsildar was there. There being no any consideration on merits of the case by Nayab Tahsildar, the Sub-Divisional Officer (Revenue) cannot examine the merits of the case and they should restrain themselves only to the extent of restoration of the application filed under Section 250 of the Chhattisgarh Land Revenue Code, but not on merits. The challenge by the petitioner against the order dated 02-08-2024 passed by the Sub-Divisional Officer (Revenue), Mohla before the Commissioner, Durg as well as Board of Revenue, Bilaspur, Circuit Court at Raipur has been dismissed against which he filed the present writ petition. He would also submit that before the Nayab Tahsildar, Mohla the petitioner’s defence on merits have not been considered and the appellate court can only decide the dispute between the parties which has been considered by the sub-ordinate court. Instead of considering the limited grievance of respondent No.7 with respect to restoration of his application under Section 250 of Chhattisgarh Land 3 Revenue Code, they have have decided the case on merits, which is beyond their jurisdiction and therefore, the impugned orders may be set aside. 3. On the other hand, learned counsel appearing for respondent No.7 as well as learned counsel appearing for the State oppose the submission made by learned counsel for the petitioner. 4. I have heard learned counsel for the parties and perused the documents annexed with the writ petition. 5. The respondents could not dispute that the application filed by respondent No.7 before the Nayab Tahsidar, Mohla was dismissed for want of prosecution on 21-02-2023 and when they made an application for restoration of the same, that was also disposed of on 16-06-2023 directing respondent No.7 to avail the appropriate remedy available under the law. Thereafter, respondent No.7 filed their appeal before the Sub-Divisional Officer (Revenue), Mohla. From perusal of the order dated 02-08-2024 passed by the Sub-Divisional Officer (Revenue), Mohla in an appeal filed by respondent No.7, it transpires that they have considered the case on merits, but have not considered the restoration of the application filed by him before the Nayab Tahsildar. The challenge before the Sub-Divisional Officer (Revenue), Mohla is only the order dated 21-02-2023 by which the application filed by respondent No.7 was dismissed for want of prosecution and the Sub-Divisional Officer (Revenue), Mohla can only restore or not restore the proceeding before the Nayab Tahsildar and could not examine the merits of the case in an appellate jurisdiction particularly when the merits of the case has not been dealt with by the Nayab Tahsildar, Mohla. 6. Further, the Commissioner, Durg as well as the Board of Revenue Bilaspur, Circuit Court at Raipur have also not considered the said proposition and have concurrently dismissed the appeal and the revision filed by the petitioner on the same premises as the Sub-Divisional Officer (Revenue) Mohla had considered. 7. Since the issue before the Sub-Divisional Officer (Revenue), Mohla was 4 limited to the extent of restoration of the application filed by respondent No.7 under Section 250 of the Chhattisgarh Land Revenue Code, 1959, passing of the order on merits would be exceeding its jurisdiction by the Sub-Divisional Officer (Revenue), Mohla and the same cannot be upheld. 8. Accordingly, the orders passed by Board of Revenue dated 03-02-2026, Commissioner, Durg dated 29-07-2025 and Sub-Divisional Officer (Revenue), Mohla dated 02-08-2024 are set aside and the Sub-Divisional Officer (Revenue), Mohla is directed to decide the appeal filed by respondent No.7 to the extent of restoration of his application filed under Section 250 of the Chhattisgarh Land Revenue Code. The Sub-Divisional Officer (Revenue), Mohla is also expected to decide the appeal to the limited extent after hearing the parties concerned in accordance with law. The parties are directed to appear before the Sub-Divisional Officer (Revenue), Mohla on 29-04-2026. The Sub-Divisional Officer (Revenue), Mohla is also directed to decide the appeal of respondent No.7 expeditiously as early as possible. 9. The petition is allowed accordingly. Sd/- (Ravindra Kumar Agrawal) Judge Aadil