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2023 Supreme(Chh) 492

SANJAY K. AGRAWAL, ARVIND SINGH CHANDEL
Manoranjan Jaiswal, S/o. Late Shiv Narayan Jaiswal – Appellant
Versus
Krishna Builders and Developers through its partner Shri Pawan Agrawal, S/o. Shri Sedhuram Agrawal – Respondent


Advocates Appeared:
For the Appellant :Mr. Ashish Shrivastava, Senior Advocate with Mr. Aman Pandey.
For the Respondents: Mr. Ankit Singhal, Ms. Akanksha Jain, Dy. G.A.

JUDGMENT :

Sanjay K. Agrawal, J.

1. This writ appeal is directed against the impugned order dated 08/10/2021 passed by learned Single Judge in WP227 No. 632/2015 (M/s Krishna Builders and Developers v. Shiv Narayan Jaiswal (died) through LRs. & Ors.) whereby revisional order dated 03/07/2015 passed by the Board of Revenue has been set aside and the order dated 02/07/2012 passed by the Collector, Raigarh has been confirmed.

2. The challenge in the present appeal has been made on the following factual backdrop :-

    2.1. Appellant's father Late Shiv Narayan Jaiswal sold 1.36 acres of land by way of registered sale deed dated 21/04/2004 in favour of respondent No. 1 firm and thereafter, the name of the said firm was duly mutated in the revenue records and since the said piece of land was agricultural land, for the purpose of plotting and for commercial use, the same was required to be diverted under the provisions of Chhattisgarh Land Revenue Code, 1959 (hereinafter, referred to as “the Code”). An application for diversion was made by the respondent No. 1 firm, before the Sub-Divisional Officer, Raigarh and the same was registered as Revenue Case No. 244/A-2/2003-04 and vide order dated 07/0

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