Chattisgarh High Court
Fulsai Sahu vs Board Of Revenue on 11 September, 2025
1
2025:CGHC:46424
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 4849 of 2025
Fulsai Sahu S/o Late Firat Sahu Aged About 63 Years R/o Village Jaijepur, Tahsil
Jaijepur, District Sakti (C.G.)
... Petitioner(s)
versus
1 - Board Of Revenue Bilaspur, District Bilaspur (C.G.)
Digitally signed
by VASANT
VASANT KUMAR
Date:
KUMAR 2025.09.11
17:49:19
+0530
2 - Commissioner Bilaspur Division, District Bilaspur (C.G.)
3 - Sub-Divisional Officer (Revenue) Sakti, District Janjgir-Champa, C.G. At
Present District Sakti (C.G.)
4 - Tahsildar Jaijepur, District Janjgir Champa (C.G.) At Present District Sakti
(C.G.)
5 - Smt. Suniti Sahu W/o Purushottam Sahu R/o Village Jaijepur, Tahsil Jaijepur
District Sakti, Chhattisgarh.
---- Respondents
For Petitioner : Mr. F.S. Khare, Advocate
For State-Respondent : Ms. Akanksha Verma, PL
Hon'ble Shri Justice Arvind Kumar Verma
Order on Board
11/09/2025
1. Learned counsel for the petitioner contended that he wants to with the
instant writ petition with liberty to file duly constituted petition under
Article 227 of the Constitution of India.
2. Learned State counsel has no objection on the aforesaid submission made
by learned counsel for the petitioner.
3. I have heard learned counsel for the parties.
4. Considering the judgment passed by this Court in Writ Appeal No.560 of
2022 (Girdhari vs. Bhondu @ Barati & Ors.). Para - 21 of the said
judgment is held as under :
"21. Returning to the facts of the present case in light
of the aforesaid legal position, it is quite vivid that
the Board of Revenue allowed the revision petition
preferred by the appellant herein in exercise of its
revisional jurisdiction under Section 50 of the Code
against which the respondent No. 1 filed a writ
petition before this Court under Article 227 of the
Constitution of India. As discussed herein-above, it is
quite vivid that the Board of Revenue has been
conferred with the status of Court by virtue of Section
31 of the Code and furthermore, the Board of
Revenue has also been conferred with the inherent
jurisdiction under Section 32 of the Code which is
akin to Section 151 of the Civil Procedure Code
which is a power conferred upon the Civil Court. In
that view of the matter, against the order of Board of
Revenue in exercise of its revisional jurisdiction only
and only a writ petition under Article 227 of the
Constitution of India would be maintainable and the
decision relied upon by learned counsel appearing on
behalf of the appellant in the matter of Dr. Ram
Sharan Lal Tripathi (supra) in which learned Single
Judge has held that Board of Revenue is not a Civil
Court, it is a revenue authority established under the
Code, cannot be held to be laying down good and
correct law in view of the discussion made herein and
in view of Sections 31 and 32 of the Code which
confer status of a Court upon the Board of Revenue.
In that view of the matter, the writ petition preferred
by the respondents No. 1 to 4 against the revisional
order of Board of Revenue was under Article 227 of
the Constitution of India, therefore, by virtue of
proviso to Section 2(1) of the Act of 2006, writ appeal
is expressly barred."
5. Considering the submission made by learned counsel for the parties and the
judgment passed in Girdhari (supra), the instant petition is dismissed as
withdrawn with the aforesaid liberty.
6. Registry is directed to return the certified copy of the impugned order to the
counsel for the petitioner after retaining the photocopy of the same.
Sd/-
(Arvind Kumar Verma)
Judge
Vasant
