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2026 DAILYLAW 9673 (CHH)

SATYADEV PANDEY v. STATE OF CHHATTISGARH

WPC/2145/2026 · 2026-04-30

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 2026:CGHC:20409 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2145 of 2026 1 - Satyadev Pandey S/o Late Laxman Prasad Pandey Aged About 45 Years R/o Village Panda Paraswani, Tehsil Arang, District Raipur, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary (Revenue) Government Of Chhattisgarh, Mahanadi Bhawan, Nava Raipur, Raipur, Chhattisgarh 2 - Commissioner D.K.S. Bhawan Parisar, Raipur, Chhattisgarh 3 - Additional Collector District- Raipur, Chhattisgarh 4 - Tehsildar Samoda (Arang), District Raipur, Chhattisgarh 5 - Naib Tehsildar Samoda (Arang), District Raipur, Chhattisgarh 6 - Pawan Kumar Pandey S/o Late Prahalad Pandey R/o Village Paraswani (Panda), Tehsil Arang, District Raipur, Chhattisgarh 7 - Mahesh Kumar S/o Late Laxman Prasad R/o Village Paraswani Panda, Tehsil Arang, District Raipur, Chhattisgarh ... Respondents (Cause title as taken from CIS periphery) For Petitioner : Mr. Satendra Tripathi and Mr. Ashish Mittal, Advocates. For State/Res. : Mr. Shobhit Mishra, Dy. GA. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 01/05/2026 RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2026.05.02 14:47:53 +0530 2 1. By way of this Writ Petition, the petitioner has made the following prayers:- “10.1.That, this Hon'ble Court may kindly be pleased to pass any appropriate writ, order or direction and quash and set aside the Order Dated 23.06.2025 and 07.07.2025 (Annexure P-27 and P-27) along with subsequent orders passed by Commissioner Court Raipur by which implementation of the order dated 19.06.2025 passed by the Additional Collector Raipur has been stayed for 15 days and subsequently been extended continuously in the Revision petition dated 23.06.2025 (Annexure-23) as Revenue Case No. 202506970100039 filed by respondent no.6 u/s 50 of the Land Revenue Code, 1959 by which he challenged the order dated 19.06.2025 (Annexure-21) passed by Additional Collector Raipur by which he has confirmed the order dated 07.04.2025 (Annexure-20) passed by the Naib Tehsildar Samoda Arang Raipur in application under section 250 of Chhattisgarh Land Revenue Code 1959 for giving the possession of agricultural land Khasra No. 119 (Rakba 5.47 hectare) and Khasra No.122 (Rakba 0.07 hectare) Patwari Halka No. 07 in Village Panda Paraswani, Tehsil Arang, District - Raipur, Chhattisgarh to the Petitioner which is in illegal possession of respondent no. 6 and 7. 10.2. 6 and 7. 10.2. That, this Hon'ble Court may kindly be pleased to pass any appropriate writ, order or direction directing the Respondents to decide the Revision petition dated 23.06.2025 (Annexure-23) as Revenue Case No. 202506970100039 filed by respondent no.6 u/s 50 of the Land Revenue Code, 1959 by which he challenged the order dated 19.06.2025 (Annexure-21) 3 passed by Additional Collector Raipur by which he has confirmed the order dated 07.04.2025 (Annexure-20) passed by the Naib Tehsildar Samoda Arang Raipur in application under section 250 of Chhattisgarh Land Revenue Code 1959 for giving the possession of agricultural land Khasra No. 119 (Rakba 5.47 hectare) and Khasra No. 122 (Rakba 0.07 hectare) Patwari Halka No. 07 in Village Panda Paraswani, Tehsil Arang, District - Raipur, Chhattisgarh to the Petitioner which is in illegal possession of respondent no. 6 and 7. 10.3. That, this Hon'ble Court may kindly be pleased to pass any appropriate writ, order or direction and direct the Respondents to ensure the peaceful enjoyment of possession and the Right to Property of the Petitioner in the said agricultural land Khasra No. 119 (Rakba 5.47 hectare) and Khasra No. 122 (Rakba 0.07 hectare) Patwari Halka No. 07 in Village Panda Paraswani, Tehsil Arang, District Raipur, Chhattisgarh. 10.4. Pass any other or further order(s) which this Hon'ble Court may deem fit.” 2. Learned counsel for the petitioner submits that petitioner is the owner of the agricultural land bearing Khasra No. 119 (Rakba 5.47 hectare) and Khasra No. 122 (Rakba 0.07 hectare), Patwari Halka No. 07, situated at village Panda Paraswani, Tehsil Arang, District Raipur, Chhattisgarh and the name of the petitioner is registered in the land revenue records. He further submits that the petitioner approached Naib Tehsildar Arang District Raipur C.G. for demarcation of land under Section 129 of the Land Revenue Code and vide order dated 04.3.2020 order has been passed in 4 favour of the petitioner for demarcation. Thereafter, when the land in question was not handed over to the petitioner, the petitioner filed appropriate petition under Section 250 of the Land Revenue Code before the Naib Tehsildar Samoda Arang, District Raipur, in which, vide order dated 07.04.2025, opportunity of cross examination of the private respondents herein was closed and, thereafter, the Naib Tehsildar initiated further proceedings, however, in the meanwhile, order dated 07.04.2025 declaring the private respondents to be ex-parte and closing their opportunity of cross examination was challenged by them before the Additional Collector, District Raipur C.G. who affirmed the same vide order dated 19.06.2025. Thereafter, against order dated 19.06.2025 of Additional Collector, a revision under Section 50 was preferred by the private respondents herein before the Commissioner Raipur Division Raipur on 23.06.2025, however, till date, final order has not been passed by the Commissioner and a stay order has been passed by him and records were also called. 2.1 Learned counsel for the petitioner submits that his limited grievance revolves around for issuance of direction to the Commissioner, Raipur Division Raipur to conclude the proceedings in Revenue Case No.202506970100039, year 2024- 25 and to pass final order in accordance with law within stipulated period as the matter is pending since 23.06.2025. It is also prayed that the Commissioner may be directed to conclude the proceedings within 15 days from today. 5 3. Learned State counsel would not oppose the said prayer, however, he submits that time limit of 15 days is too less, therefore, at least 45 days may be granted. 4. Considering the facts and circumstances of the case, as also the submission of the parties, particularly considering the fact that matter is lying pending before the Commissioner since 23.06.2025, as such, the Commissioner, Raipur, Division Raipur, is directed to decide the Revenue Case No.202506970100039, year 2024-25 in an expeditious manner within an outer limit of 45 days from today in accordance with a law. 5. With the aforesaid direction, this Writ Petition is disposed of. 6. It is made clear that this Court has not made any opinion on the merits of the case and the concerned Commissioner shall decide the case on its own merits in accordance with law after giving opportunity of hearing to the parties. 7. Private respondents are directed to cooperate with the proceedings and if it is found that the private respondents are not cooperating in the proceedings, the concerned Commissioner is at liberty to pass appropriate order against them. 8. Pending interlocutory application(s), if any, also stands disposed of. No order as to cost(s). Sd/- (Amitendra Kishore Prasad) Judge Rukhsar