Citation : 2026 Latest Caselaw 58 Chatt
Judgement Date : 25 February, 2026
1
2026:CGHC:9837
RUKHSAR
BANO NAFR
Digitally signed by
RUKHSAR BANO
Date: 2026.02.26
HIGH COURT OF CHHATTISGARH AT BILASPUR
10:24:56 +0530
WPC No. 832 of 2026
1 - Anshul Kumar S/o Shivkumar Agrawal Aged About 38 Years R/o Ward No. 12,
Sakti, Distt. Sakti (C.G.) ... Petitioner
versus
1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue,
Mahanadi Bhawan, Atal Nagar, Nava Raipur, Distt. Raipur (C.G.)
2 - The Collector Sakti, Distt. Sakti (C.G.)
3 - The Sub-Divisional Officer (Revenue) Sakti, Distt. Sakti (C.G.)
4 - The Tehsildar Tehsil- Naya Baradwar, Distt. Sakti (C.G.)
5 - The Sub- Registrar Office Of Sub-Registrar Sakti, Distt. Sakti (C.G.)
6 - Sh. Rajkumar S/o Late Lakhan Sabariya Aged About 45 Years R/o Village Kirari,
Tehsil Naya Baradwar, Distt. Sakti (C.G.)
7 - Sh. Ram Singh S/o Late Lakhan Sabariya Aged About 36 Years R/o Village
Kirari, Tehsil Naya Baradwar, Distt. Sakti (C.G.)
8 - Sh. Narayan S/o Late Lakhan Sabariya Aged About 34 Years R/o Village Kirari,
Tehsil Naya Baradwar, Distt. Sakti (C.G.)
9 - Sh. Nanki S/o Late Lakhan Sabariya Aged About 31 Years R/o Village Kirari,
Tehsil Naya Baradwar, Distt. Sakti (C.G.) ... Respondents
(Cause title, as taken from CIS system)
For Petitioner : Mr. Ishwar Jaiswal, Advocate. For State/ Respondents No.1 to 5 : Mr. Sabyasachi Choubey, Govt. Adv.
(Hon'ble Shri Justice Naresh Kumar Chandravanshi)
Order on Board
25/02/2026
1. Heard.
2. The present petition has been preferred by petitioner under Article 226
of the Constitution of India seeking following relief(s) :
"1. Call for entire records pertaining to the case of the petitioner particularly Revenue Proceedings bearing Case No.202506310300047/A-6/2024-25 adjudicated by Respondent No.3.
2. Quash the impugned final order dated 16.01.2026 & Memo dated 19.01.2026 passed in Revenue Proceedings bearing Case No.202506310300047/A-6/2024-25 by the Respondent No.3 (Anneuxre P-1), in the interest of justice.
3. Direct the Respondent Authorities not to record the name of the Respondent No.6 to 9 in the Revenue Records.
4. Any other relief in favour of the Petitioner, which this Hon'ble Court deems fit and appropriate in facts and circumstances of the case."
3. Learned counsel for the the petitioner submits that the petitioner
purchased the subject land vide registered sale deed dated 24.08.2021
(Annexure -P/4) from respondent Nos.6 to 9. Thereafter, the land was
mutated in the name of the petitioner in light of the order dated
30.06.2025 passed by the Sub-Divisional Officer (Revenue), Sakti,
District Sakti (CG). Subsequently, the said order was reviewed by the
SDO (Revenue), Sakti, and an amended impugned order dated
16.01.2026 (Annexure -P/1) was passed, whereby the earlier order
dated 30.06.2025 was recalled and the subject land has been directed
to be recorded in the names of respondent Nos.6 to 9 and others. He
further submits that the aforesaid order has been passed by the SDO
(Revenue), Sakti without providing due opportunity of hearing to the
petitioner. He also submits that the petitioner intends to file an appeal
challenging the impugned order (Annexure -P/1) under Section 44 (1)
of the Chhattisgarh Land Revenue Code, 1959 (henceforth referred to
as "the Code, 1959"). Hence, he prays that at this stage, this petition
may be disposed of and interim protection be granted to the petitioner
by staying the effect and operation of the impugned order (Annexure -
P/1) till filing of the appeal before the competent Revenue Authority.
4. Learned counsel for the State submits that if the petitioner files an
appeal under Section 44 (1) of the CG Land Revenue Code, 1959, the
same shall be considered and decided in accordance with law.
5. Having considered the limited prayer of the petitioner, this writ petition
at this stage is disposed of granting liberty to the petitioner to file an
appeal under Section 44 (1) of the CG Land Revenue Code, 1959
within a period of 30 days from today. It is further directed that till then,
the effect and operation of the impugned order dated 16.01.2026
(Annexure -P/1) passed by the SDO (Revenue), Sakti shall remain
stayed.
6. It is further observed that if the appeal is not filed within aforesaid
period, then, this interim protection shall automatically lose its efficacy.
It is also observed that after filing the appeal, the petitioner may seek
interim protection from the concerned authority. Upon filing of the
appeal within aforesaid period, this order shall not be effective.
7. It is made clear that this Court has not expressed any opinion on the
merits of the present writ petition.
8. With aforesaid observation and direction, this writ petition stands
disposed of.
9. Pending interlocutory application(s), if any, also stands disposed of. No
order as to cost(s).
Sd/-
(Naresh Kumar Chandravanshi) Judge
Rukhsar
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