• Rajveer Sharma, S/o Late Omprakash Sharma, Aged About 65 Years, R/o Kondagaon, Tahsil v. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Manish

Case Details

1 2025:CGHC:13815 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 388 of 2022 • Rajveer Sharma, S/o Late Omprakash Sharma, Aged About 65 Years, R/o Kondagaon, Tahsil & District Kondagaon, Chhattisgarh. --- Appellant versus 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Manish Shrivastava, R/o Kondagaon, District Kondagaon, Chhattisgarh. Amritlal Patel, R/o Kondagaon, District Kondagaon, Chhattisgarh. Jagganath, S/o Bhagtu Gond, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Mehatarin Bai, W/o Late Mahadev, R/o Kosagaon, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Ramlal, S/o Late Mahadev, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Sanjay, S/o Late Mahadev, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Dasu, S/o Tati Gond, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Chamrin Bai, W/o Late Rajman, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Foolsingh, S/o Late Rajman, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Buttu, S/o Tati, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Butlu, S/o Massa, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Sukku, S/o Massa R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Sakru, S/o Massa, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 2 Lakshminath, S/o Late Dashrath, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Assi, S/o Late Dashrath, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Fagnu, S/o Late Kulle, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh.

Legal Reasoning

Smt. Sowabai, Wd/o Kulle, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Mudda, S/o Kulle, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Sukhdhar, S/o Kulle, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Fagnu, S/o Rama, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Itwari Bai, Wd/o Late Nanjat, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Subru, S/o Late Nanjat, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Rajkumar, S/o Late Nanjat, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Suknath, S/o Dhaniram, R/o Village Kosagaon, Tahsil & District Kondagaon,Chhattisgarh. Maniram, S/o Saldu (Dead/Lrs.) Nil 25(A) Aasmati, Wd/o Late Maniram, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh.] 25(B) Jugnath, S/o Late Maniram, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. 25(C) Rugnath, S/o Late Maniram, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. 25(D) Chetman, S/o Late Maniram, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Suklu, S/o Saldu, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Chamar, S/o Jhimtu, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Mangtu, S/o Palli, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Sirmiti, Wd/o Late Bhadru, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. 3 Ramsingh, S/o Late Bhadru, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Raisingh, S/o Bhagtu, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Ramdhar, S/o Patwari, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Sonadhar, S/o Patwari (Dead/Lrs.) Nil 33(A) Gandaybai, Wd/o Late Sonadhar, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. 33(B) Jugder, S/o Late Sonadhar, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Massu, S/o Lachhinder, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Chain, S/o Lachhinder, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Lokti, S/o Lachhinder (Dead/Lrs.) Nil 36(A) Mankay, W/o Late Lokti, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. 36(B) Ghasiya, D/o Late Lokti, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Smt. Punai, Wd/o Upasu, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Ghasiya, D/o Upasu, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Kachru, S/o Upasu, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Sadhu, S/o Pucchi, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Chamra, S/o Sadhu, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Itwarin Bai, D/o Late Dubaru, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Sarju, S/o Late Dubaru, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Meghnath, S/o Late Dubaru, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Betu, S/o Dashman, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Jaylal, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 4 47. 48. 49. 50. 51. 52. 53. 54. 55. Rangsay, S/o Butta, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Bajanti, Wd/o Late Rajuram, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Nohru, S/o Late Rajuram, R/o Village Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. Ghassu, S/o Kondu, R/o Kabonga, Tahsil & District Kondagaon, Chhattisgarh. Smt. Kodi, Wd/o Panka, R/o Kabonga, Tahsil & District Kondagaon, Chhattisgarh. Dhol, S/o Late Panka, R/o Kabonga, Tahsil & District Kondagaon, Chhattisgarh. Mangturam, S/o Late Botiram, R/o Kabonga, Tahsil & District Kondagaon, Chhattisgarh. Laxman, R/o Village Chhuregaon, District Kondagaon, Chhattisgarh. State Of Chhattisgarh, Through Collector, Kondagaon, Chhattisgarh. --- Respondents AND SA No. 387 of 2022 • Rajveer Sharma, S/o Lt. Omprakash Sharma, Aged About 65 Years, R/o Kosagaon, Tahsil & District Kondagaon, Chhattisgarh. --- Appellant Versus 1. 2. 3. State Of Chhattisgarh, Through Collector, District Kondagaon, Chhattisgarh. Sub Divisional Officer (Revenue) Tahsil & District Kondagaon, Chhattisgarh. Tahsildar, Kondagaon, District Kondagaon, Chhattisgarh. --- Respondents AND SA No. 391 of 2022 • Randhir Sharma, S/o Lt. Omprakash Sharma, Aged About 69 Years, R/o Kondagaon, Tahsil & District Kondagaon (C.G.). --- Appellant Versus 1. 2. Manish Shrivastava, R/o Kondagaon, District Kondagaon (C.G.). Amritlal Patel, R/o Kondagaon, District Kondagaon (C.G.). 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 5 Jagganath, S/o Bhagtu Gond, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Mehatarin Bai, W/o Late Mahadev, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Ramlal, S/o Late Mahadev, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Sanjay, S/o Late Mahadev, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Dasu, S/o Tati Gond, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Chamrin Bai, W/o Late Rajman, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Foolsingh, S/o Late Rajman, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Buttu, S/o Tati, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Butlu, S/o Massa, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Sukku, S/o Massa, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Sakru, S/o Massa, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Lakshminath, S/o Late Dashrath, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Assi, S/o Late Dashrath, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Fagnu, S/o Late Kulle, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Smt. Sowabai, Wd/o Kulle, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Mudda, S/o Kulle, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Sukhdhar, S/o Kulle, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Fagnu, S/o Rama, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Itwari Bai, Wd/o Late Nanjat, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Subru, S/o Late Nanjat, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Rajkumar, S/o Late Nanjat, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). 6 Suknath, S/o Dhaniram, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Maniram S/o Saldu (Dead/l.Rs) 25(A) Aasmati, Wd/o Late Maniram, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). 25(B) Jugnath, S/o Late Maniram, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). 25(C) Rugnath, S/o Late Maniram, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). 25(D) Chetman, S/o Late Maniram, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Suklu, S/o Saldu, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Chamar, S/o Jhimtu, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Mangtu, S/o Palli, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Sirmiti, Wd/o Late Bhadru, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Ramsingh, S/o Late Bhadru, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Raisingh, S/o Bhagtu, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Ramdhar, S/o Patwari, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Sonadhar, S/o Patwari (Dead L.Rs.) 33(A) Gandaybai, Wd/o Late Sonadhar, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). 33(B) Jugder, S/o Late Sonadhar, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Massu, S/o Lachhinder, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Chain, S/o Lachhinder, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Lokti S/o Lachhinder (Dead/ L.Rs.) 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 36(A) Mankay, W/o Late Lokti, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). 36(B) Ghasiya, D/o Late Lokti, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). 37. Smt. Punai, Wd/o Upasu, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 7 Ghasiya, D/o Upasu, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Kachru, S/o Upasu, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Sadhu, S/o Pucchi, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Chamra, S/o Sadhu, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Itwarin Bai, D/o Late Dubaru, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Sarju, S/o Late Dubaru, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Meghnath, S/o Late Dubaru, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Betu, S/o Dashman, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Jaylal, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Rangsay, S/o Butta, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Bajanti, Wd/o Late Rajuram, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Nohru, S/o Late Rajuram, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Ghassu, S/o Kondu, R/o Village Kabonga, Tahsil & District Kondagaon (C.G.). Smt. Kodi, Wd/o Panka, R/o Village Kabonga, Tahsil & District Kondagaon (C.G.). Dhol, S/o Late Panka, R/o Village Kabonga, Tahsil & District Kondagaon (C.G.). Mangturam, S/o Late Botiram, R/o Village Kabonga, Tahsil & District Kondagaon (C.G.). Laxman, R/o Village Chhuregaon, District Kondagaon (C.G.). State Of Chhattisgarh, Through Collector, Kondagaon (C.G.). --- Respondents AND SA No. 395 of 2022 1. Randhir Sharma, S/o Late Omprakash Sharma, Aged About 69 Years, R/o Kondagaon, Tahsil & District Kondagaon (C.G.). 8 Rajveer Sharma, S/o Late Omprakash Sharma, Aged About 65 Years, R/o Kondagaon, Tahsil & District Kondagaon (C.G.). Rajendra @ Rajan Sharma, S/o Late Omprakash Sharma, Aged About 60 Years, R/o Kondagaon, Tahsil & District Kondagaon (C.G.). --- Appellants Versus Manish Shrivastava, R/o Kondagaon, District Kondagaon (C.G.). Amritlal Patel, R/o Kondagaon, District Kondagaon (C.G.). Jagganath, S/o Bhagtu Gond, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Mehatarin Bai, W/o Late Mahadev, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Ramlal, S/o Late Mahadev, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Sanjay, S/o Late Mahadev, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Dasu, S/o Tati Gond, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Chamrin Bai, W/o Late Rajman, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Foolsingh, S/o Late Rajman, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Buttu, S/o Tati, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Butlu, S/o Massa, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Sukku, S/o Massa, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Sakru, S/o Massa, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Lakshminath, S/o Late Dashrath, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Assi, S/o Late Dashrath, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Fagnu, S/o Late Kulle, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Smt. Sowabai, Wd/o Kulle, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Mudda, S/o Kulle, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). 2. 3. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 9 Sukhdhar, S/o Kulle, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Fagnu, S/o Rama, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Itwari Bai, Wd/o Late Nanjat, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Subru, S/o Late Nanjat, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Rajkumar, S/o Late Nanjat, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Suknath, S/o Dhaniram, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Maniram, S/o Saldu (Dead/l.Rs.) Nil 25(A) Aasmati, Wd/o Late Maniram, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). 25(B) Jugnath, S/o Late Maniram, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). 25(C) Rugnath, S/o Late Maniram, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). 25(D) Chetman, S/o Late Maniram, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Suklu, S/o Saldu, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Chamar, S/o Jhimtu, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Mangtu, S/o Palli, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Sirmiti, Wd/o Late Bhadru, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Ramsingh, S/o Late Bhadru, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Raisingh, S/o Bhagtu, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Ramdhar, S/o Patwari, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Sonadhar, S/o Patwari (Dead/l.Rs.) Nil 33(A) Gandaybai, Wd/o Late Sonadhar, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). 33(B) Jugder, S/o Late Sonadhar, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 10 Massu, S/o Lachhinder, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Chain, S/o Lachhinder, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Lokti, S/o Lachhinder (Dead/l.Rs.) Nil 36(A) Mankay, W/o Late Lokti, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). 36(B) Ghasiya, D/o Late Lokti, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Smt. Punai, Wd/o Upasu, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Ghasiya, D/o Upasu, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Kachru, S/o Upasu, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Sadhu, S/o Pucchi, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Chamra, S/o Sadhu, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Itwarin Bai, D/o Late Dubaru, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Sarju, S/o Late Dubaru, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Meghnath, S/o Late Dubaru, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Betu, S/o Dashman, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Jaylal, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Rangsay, S/o Butta, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Bajanti, Wd/o Late Rajuram, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Nohru, S/o Late Rajuram, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Ghassu, S/o Kondu, R/o Village Kabonga, Tahsil & District Kondagaon (C.G.). Smt. Kodi, Wd/o Panka, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). 52. 53. 54. 55. 1. 2. 3. 1. 2. 3. 11 Dhol, S/o Late Panka, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Mangturam, S/o Late Botiram, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Laxman, R/o Village Chhuregaon, District Kondagaon (C.G.). State Of Chhattisgarh, Through Collector, Kondagaon (C.G). --- Respondents AND SA No. 386 of 2022 Randhir Sharma, S/o Late Omprakash Sharma, Aged About 69 Years, R/o Kondagaon, Tahsil & District Kondagaon (C.G.). Rajveer Sharma, S/o Late Omprakash Sharma, Aged About 65 Years, R/o Kondagaon, Tahsil & District Kondagaon (C.G.). Rajendra @ Rajan Sharma, S/o Late Omprakash Sharma, Aged About 60 Years, R/o Kondagaon, Tahsil & District Kondagaon (C.G.). Versus --- Appellants State Of Chhattisgarh, Through Collector, District Kondagaon, Chhattisgarh. Sub Divisional Officer (Revenue) Tahsil & District Kondagaon, Chhattisgarh. Tahsildar, Kondagaon, District Kondagaon, Chhattisgarh. --- Respondents AND SA No. 389 of 2022 • Randhir Sharma, S/o Lt. Omprakash Sharma, Aged About 69 Years, R/o Kosagaon, Tahsil & District Kondagaon (C.G.) --- Appellant Versus 1. 2. 3. State Of Chhattisgarh, Through Collector, District Kondagaon, Chhattisgarh. Sub Divisional Officer (Revenue) Tahsil & District Kondagaon, Chhattisgarh. Tahsildar, Kondagaon, District Kondagaon, Chhattisgarh. --- Respondents AND SA No. 392 of 2022 • Rajan Sharma, S/o Lt. Omprakash Sharma, Aged About 60 Years, R/o Kondagaon, Tahsil & District Kondagaon (C.G.). 12 Versus --- Appellant Manish Shrivastava, R/o Kondagaon, District Kondagaon (C.G.). Amritlal Patel, R/o Kondagaon, District Kondagaon (C.G.). Jagganath, S/o Bhagtu Gond, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Mehatarin Bai, W/o Late Mahadev, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Ramlal, S/o Late Mahadev, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Sanjay, S/o Late Mahadev, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Dasu, S/o Tati Gond, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Chamrin Bai, W/o Late Rajman, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Foolsingh, S/o Late Rajman, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Buttu, S/o Tati, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Butlu, S/o Massa, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Sukku, S/o Massa, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Sakru, S/o Massa, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Lakshminath, S/o Late Dashrath, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Assi, S/o Late Dashrath, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Fagnu, S/o Late Kulle, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Smt. Sowabai, Wd/o Kulle, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Mudda, S/o Kulle, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Sukhdhar, S/o Kulle, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Fagnu, S/o Rama, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Itwari Bai, Wd/o Late Nanjat, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 13 Subru, S/o Late Nanjat, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Rajkumar, S/o Late Nanjat, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Suknath, S/o Dhaniram, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Maniram, S/o Saldu (Dead/l.Rs.) Nil 25(A) Aasmati, Wd/o Late Maniram, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). 25(B) Jugnath, S/o Late Maniram, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). 25(C) Rugnath, S/o Late Maniram, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). 25(D) Chetman, S/o Late Maniram, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Suklu, S/o Saldu, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Chamar, S/o Jhimtu, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Mangtu, S/o Palli, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Sirmiti, Wd/o Late Bhadru, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Ramsingh, S/o Late Bhadru, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Raisingh, S/o Bhagtu, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Ramdhar, S/o Patwari, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Sonadhar, S/o Patwari (Dead/l.Rs.) Nil 33(A) Gandaybai, Wd/o Late Sonadhar, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). 33(B) Jugder, S/o Late Sonadhar, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Massu, S/o Lachhinder, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Chain, S/o Lachhinder, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Lokti, S/o Lachhinder (Dead/l.Rs.) Nil 36(A) Mankay, W/o Late Lokti, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). 14 36(B) Ghasiya, D/o Late Lokti, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Smt. Punai, Wd/o Upasu, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Ghasiya, D/o Upasu, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Kachru, S/o Upasu, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Sadhu, S/o Pucchi, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Chamra, S/o Sadhu, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Itwarin Bai, D/o Late Dubaru, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Sarju, S/o Late Dubaru, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Meghnath, S/o Late Dubaru, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Betu, S/o Dashman, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Jaylal, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Rangsay, S/o Butta, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Bajanti, Wd/o Late Rajuram, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Nohru, S/o Late Rajuram, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Ghassu, S/o Kondu, R/o Village Kabonga, Tahsil & District Kondagaon (C.G.). Smt. Kodi, Wd/o Panka, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Dhol, S/o Late Panka, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Mangturam, S/o Late Botiram, R/o Village Kosagaon, Tahsil & District Kondagaon (C.G.). Laxman, R/o Village Chhuregaon, District Kondagaon (C.G.). State Of Chhattisgarh, Through Collector, Kondagaon (C.G). --- Respondents 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 15 AND SA No. 433 of 2022 • Rajan Sharma, S/o Lt. Omprakash Sharma, Aged About 60 Years, R/o Koshagaon, Tahsil & District Kondagaon, (C.G.). --- Appellant Versus 1. 2. 3. State Of Chhattisgarh, Through Collector, District Kondagaon (C.G.). Sub Divisional Officer (Revenue), Tahsil & District Kondagaon (C.G.). Tahsildar Kondagaon, District Kondagaon (C.G.). (Cause title taken from Case Information System) For Appellants in all the appeals : Mr. Pravin Kumar Tulsyan, Advocate. For State/Respondent in all the appeals : Mr. Rajeev Bharat. G.A. --- Respondents Hon'ble Shri Justice Naresh Kumar Chandravanshi Judgment on Board 22/03/2025 1. 2. 3. Heard on admission. As the issue involved in all these appeals are one and the same, they are being heard together and decided by this common judgment. For convenience, SA No.388/2022 will be treated as leading case. These appeals have been preferred by the appellants/plaintiffs, challenging the impugned judgment and decree dated 29.10.2021 (Annexure-A/1) passed by the Upper District Judge, Kondagaon, District Kondagaon (C.G.) in Civil Appeal No.1/2021, whereby the learned First Appellate Court has upheld the judgment and decree dated 31.08.2017 (Annexure-A/2) passed by the Civil Judge Class I, Kondagaon, District Kondagaon in Civil Suit No.16-A/2011, wherein the Civil Judge has dismissed the suit filed by the appellants/plaintiffs for declaration of their title, possession and permanent injunction against the private respondents/defendants. (For the sake of convenience the parties to these appeals shall be referred as per their status before the trial Court). 4. Learned counsel for the appellants/plaintiffs would submit that ‘Patta’ was 16 granted in favour of the plaintiffs for their respective lands mentioned in their respective civil suits in the year 1981, but the same has been cancelled by the Sub Divisional Officer (Revenue), Kondagaon, District Kondagaon (C.G.) in the year 1990. Subsequently, those lands have been allotted to the private respondents. He would further submit that after granting ‘Patta’, respective lands were also recorded in the name of plaintiffs in revenue records, despite that, ‘Patta’ has been cancelled illegally, therefore, he prayed that these appeals may be admitted for hearing. 5. Per Contra, learned State counsel submits that alleged ‘Patta’ have not been proved by the plaintiffs in their respective civil suits, they have filed alleged format ‘Form-ऊ' to prove the fact that they have been granted ownership right over the said lands, but that document is a photocopy only, hence, the learned Court below has not accepted that document. He would further submitted that ‘Patta’ was granted under the provisions of Sections 181 to 183 of the Chhattisgarh Land Revenue Code, 1959 (for the short ‘Code 1959’) , but jurisdiction of Civil Court against ejectment of government lease, granted under Section 182 of Code 1959 has been barred under Section 257 (m) of the Code 1959, therefore, the learned First Appellate Court has rightly upheld the judgment and decree passed by the trial Court, rejecting the civil suits filed by the plaintiffs on the ground of non- maintainability as well as on merits also. Hence, the second appeals are liable to be rejected. 6. 7. I have heard learned counsel for the parties and perused the material available on record with utmost circumspection. Perusal of record itself shows that plaintiffs have filed their respective civil suits for declaration of their title, possession and permanent injunction over the respective suit lands, to which they have been granted ‘Patta’, but as per the record, plaintiffs have failed to prove alleged ‘Patta’ granted in their favour. This fact was also conceded by the learned counsel for the plaintiffs. 17 As per impugned orders, Ex-P/3 titled as ‘Bhoomi Swami Adhikaron Ke Manjuri Ki Liye Patrak Form -ऊ’, but it has also not been proved by calling the original revenue records. It is settled proposition of law that only marking the document is not sufficient to prove contents of it. It is also the contentions of learned counsel for the plaintiffs that respective lands were recorded in their names in revenue records, but it is also settled proposition law that revenue entries does not confer any right or title to the person, rather before the Civil Court, flow of legal right is required to be proved by the legal evidence/document, which has not been proved by the plaintiffs in their respective cases. 8. For the sake of arguments, if it is supposed that ‘Patta/Lease’ was granted in favour of the plaintiffs and they have been ejected from said lands by the order of revenue authority, then such order cannot be challenged in the Civil Court, as the jurisdiction of Civil Court against the ejectment of government lease granted under Section 182 of Code 1959 has been barred under Section 257 of the Code 1959. Therefore, filing of the civil suits by the plaintiffs seeking declaration of their title and other relief over the suit lands on the strength of alleged ‘Patta’ was illegal ab initio, as civil suits are barred under Section 257 of Code 1959. 9. 10.

Decision

In view of the above discussions, no question of law is found to be framed in instant second appeals, hence, all the second appeals are dismissed at admission stage itself. The pending interlocutory application(s), if any, also stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA