Nafr High Court
Case Details
1 2025:CGHC:29317 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3305 of 2025 1 - Ganesh Ram Dhuri S/o Late Shankarlal Dhuri Aged About 18 Years R/o Devridih Torva Near Purana Powar House, Bilaspur, Tahsil And District- Bilaspur (C.G.) 2 - Ku. Chunchun Dhuri D/o Late Shankarlal Dhuri Aged About 15 Years Minor Through Their Legal Guardian Brother Ganesh Ram Dhuri, S/o Late Shankarlal Dhuri, R/o Devridih Torva Near Purana Powar House, Bilaspur, Tahsil And District- Bilaspur (C.G.) 3 - Gopal Prasad Dhuri S/o Late Shankarlal Dhuri Aged About 46 Years R/o Kutipara, Mopka, Bilaspur, Tahsil And District- Bilaspur (C.G.) ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.07.15 17:05:22 +0530 versus ... Petitioner(s) 1 - Brijlal Dhuri S/o Late Jagannth Dhuri Aged About 65 Years R/o Kutipara, Mopka, Bilaspur, Tahsil And District- Bilaspur (C.G.) 2 - Rajaram Dhuri S/o Late Jagannth Dhuri Aged About 68 Years R/o Kutipara, Mopka, Bilaspur, Tahsil And District- Bilaspur (C.G.) 3 - Vijay Singh Dhuri S/o Late Jagannth Dhuri Aged About 60 Years R/o Kutipara, Mopka, Bilaspur, Tahsil And District- Bilaspur (C.G.) 4 - Samuda Bai Dhuri D/o Late Jethuram Dhuri Aged About 75 Years R/o Kutipara, Mopka, Bilaspur, Tahsil And District- Bilaspur (C.G.) 5 - Shanti Dhruvanshi D/o Late Balram Prasad Aged About 50 Years R/o Kutipara, Mopka, Bilaspur, Tahsil And District- Bilaspur (C.G.) 6 - Rajkumari Dhuri W/o Late Rajkumar Dhuri Aged About 52 Years R/o Village- Kormi, Tahsil And District- Bilaspur (C.G.) 7 - Jivan Lal Dhuri S/o Late Jagannth Dhuri Aged About 74 Years R/o Kutipara, Mopka, Bilaspur, Tahsil And District- Bilaspur (C.G.) 8 - Ashok Dhuri S/o Late Radhe Dhuri Aged About 54 Years R/o Village- Daihanpara Gataura, Tahsil And District- Bilaspur (C.G.) 9 - The Revenue Board Bilaspur District- Bilaspur (C.G.) 2 10 - The Commissioner Bilaspur Division Bilaspur District- Bilaspur (C.G.) 11 - The Sub Divisional Officer (Revenue) Raigarh District- Raigarh (C.G.) 12 - The Tahsildar Bilaspur, Tahsil And District- Bilaspur (C.G.) ... Respondent(s) For Petitioners For State : :
Legal Reasoning
Mr. Tarun Dansena, Advocate Mrs. Akanksha Verma Dabhadker, Panel lawyer (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 01.07.2025 Heard. 1. By way of this petition, the petitioner is seeking for following relief(s):- “10.1 That the Hon’ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner for perusal of this Hon’ble Court. 10.2 That, this Hon’ble Court may kindly be pleased to issue a writ in the nature of mandamus and the Revenue Board’s interim order dated 05.06.2025, no interference should be done by revenue ofÏcers on revenue record or any protection order that is in favor of petitioner in the interest of justice. 10.3 That, the interim order passed by the learned Board of Revenue may kindly be set aside/quashed. 10.4 That the cost of the petition may kindly be awarded in favour of the petitioner. 10.5 That, any other writs and direction which this Hon’ble Court deems fit and just in the facts and circumstances of the case be granted to the petitioner.” 2. Learned counsel for the petitioners submits that, the Learned Chhattisgarh Revenue Board, Bilaspur Division erred in passing an interim order against the petitioners, the said land is petitioner’s ancestral property. That, in both the court petitioners name were not a party, while the name of late 3 Shankar Lal Dhuri, the father of the petitioners was already recorded in the revenue records. In the order of both the subordinate court, an order was passed 'without investigation, the legal heirs, against which petitioners submitted to the learned Commissioner Division Bilaspur in which the order has been passed on 19.04.2024(Ganesh Ram Dhuri and others Vs. Brijlal Dhuri and others) Appeal Case no. 88/A-6/2022-23, giving information to all respondents and providing an opportunity to hearing. In which the entry of the name of the petitioners is made in the revenue record by the Tahsildar, Bilaspur on 30.07.2024. That, the respondent no. 1 to 8 was filed revision petition under section 50 Land Revenue Code, 1959, with under section 52(2) of Chhattisgarh Land Revenue Code, 1959, before Learned Revenue Board, Bilaspur against order dated 19.04.2024 passed by learned Commissioner Bilaspur, in which the before hearing of application for stay was replied that while performing execution action in Commissioner Bilaspur order dated 19.04.2024, the petitioners name entry has been recorded in the revenue record by the Tahsildar Bilaspur on 30.07.2024. Even after that the Learned Chhattisgarh Revenue Board, Bilaspur Division, District Bilaspur (C.G.) interim order dated 05.06.2025, that the Commissioner Bilaspur order dated 19.04.2024 to maintain the situation on the execution. 3. He submitted that, in comparison, Tahsildar Bilaspur preparing to review on the order dated 30.07.2024, which is the order dated 05.06.2025 passed by the learned Revenue Board Bilaspur is against the law, bad, illegal and contrary to 4 the facts and circumstances of the case. That, if the learned Revenue Board's order dated 05.06.2025 interferes the revenue record of review by the Tahsildar Bilaspur, then the petitioners will have also impermissible. 4. Per contra, learned counsel for the State opposes the prayer made by the learned counsel for the petitioners. 5. I have heard learned counsel for the respective parties and perused the record with utmost circumspection. 6. On bare perusal of the records available, it is found that the learned Revenue Board has passed an interim order on 05.06.2025 on the basis of the facts and circumstances of the case but no such final order has been passed by the learned Revenue Board. Therefore, considering the facts and circumstances of the case, this court is of the considered opinion that there is no such ground upon which this petition would be allowed and the relief sought by the petitioners may be considered. Therefore, this petition deserves to be and is hereby dismissed. 7. However, it is directed that the respondent authority shall make all the endeavors to decide the case as expeditiously as possible. 8. Certified copies as per rules. sd/- (Arvind Kumar Verma) JUDGE alfiza