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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY S.AGRAWAL
Mukesh Kumar Singh S/o Parshu Ram Singh – Appellant
Versus
State of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. ownership and mortgage disputes (Para 2 , 3 , 11) |
| 2. title disputes and encroachment claims (Para 4 , 5 , 6 , 17 , 18) |
| 3. arguments regarding jurisdiction challenges (Para 7 , 8) |
| 4. justification of tahsildar's findings (Para 9 , 10) |
| 5. securitisation under sarfaesi act (Para 12 , 13) |
| 6. (Para 14 , 15 , 20) |
| 7. validation of appeal maintainability (Para 19 , 22) |
ORDER :
1. By virtue of this petition, the petitioner-Mukesh Kumar is questioning the legality and propriety of the order dated 17.12.2020 passed by the Commissioner, Durg Division, Durg in Case No.288/A-70/2019-20, whereby, the learned Commissioner, while upholding the orders dated 28.02.2020 (Annexure P-8) and 23.09.2019 (Annexure P-6) passed by the Sub-Divisional Officer (Revenue), Durg and the Additional Tahsildar, Bhilai Nagar, respectively, has dismissed the appeal preferred by the petitioner, holding it to be not maintainable.
2. Briefly stated the facts of the case are that the land bearing Khasra No.1161/1, Plot No.28-A, admeasuring 1250 square feet was owned by one Prakash Samantkar, while the land bearing Khasra No.1169/2, Plot No.28-B, admeasuring 1250 square feet by A. Surya Narayan and the entire sai
Revenue authorities lack jurisdiction to determine land title disputes, which must be settled in civil courts, rendering related appeals maintainable under proper legal challenges.
The court upheld that concurrent findings of fact by lower courts should not be disturbed unless proven perverse, reinforcing the principle that claims related to property must be initiated within th....
Civil suits can challenge revenue authority orders if they violate principles of natural justice. Failure to notify affected parties renders such orders void.
The main legal point established is the finality of litigation and the legal certainty conferred by the judgment and decree in favor of the petitioner, along with the award from the Permanent Lok Ada....
Jurisdiction of revenue authorities to issue mutation orders upheld when confirmed ownership certificates exist, superseding prior claims based on disputed titles.
Suppression of material facts and illegal orders by the Tahsildar led to the dismissal of the petitions, emphasizing the importance of disclosing all relevant information and the need for due process....
Revenue authorities lack jurisdiction to resolve title disputes over land, which must be adjudicated in civil court.
The finality of a judgment and decree, the provisions of the H.P. Tenancy and Land Reforms Act, and the Indian Evidence Act were crucial in establishing the respondent's status as an agriculturist an....
Revenue Authorities cannot adjudicate land title disputes; such matters must be resolved by Civil Courts under the Assam Land Revenue Regulation, 1886.
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