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2023 Supreme(Chh) 690

PARTH PRATEEM SAHU
Devnarayan Jangde, S/o. Late Shri Hariram Jangde – Appellant
Versus
State of Chhattisgarh Through Secretary, Department of Revenue and Disaster Management – Respondent


Advocates Appeared:
For the Petitioner: Mr. Surfaraj Khan.
For the State : Ms. Sameeksha Gupta, Panel Lawyer.

ORDER :

1. The petitioner has filed this writ petition challenging the order dated 08.09.2023 passed by the Board of Revenue in Revenue Revision Case No. RN/12/R/A-6/220/2022 (Devnarayan Jangde Vs. Yusuf & Ors.) whereby learned Board of Revenue has dismissed the Revenue Revision affirming the order passed by the Commissioner, Raipur Division in appeal filed under Section 44 (2) of the Chhattisgarh Land Revenue Code, 1959 (hereinafter after referred to as “Land Revenue Code”).

2. Facts relevant for disposal of this writ petition are that one appeal is preferred by respondent No.7 challenging the order of mutation dated 24.04.2007 under the provision of Section 44 (1) of the Land Revenue Code along with an application for condonation of delay in filing appeal under Section 5 of the Limitation Act. The First Appellate Authority i.e. Sub Divisional Officer/respondent No.4 dismissed the application under Section 5 of the Limitation Act for condoning the delay as also the appeal consequent thereof vide order dated 19.08.2020. Order passed by the Sub-Divisional Officer (R) dismissing the first appeal on the ground of limitation was challenged by respondent No.7 in second appeal under Sectio

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