2025:CGHC:18381 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2004 of 2025

1 - Mohammad Fahin Khan S/o Late Abdul Haleem Khan Aged About 37 Years R/o In Front Of Mission Vandana Hospital, House No. 10 Akbar Khan Chaal, Bilaspur, District Bilaspur, Chhattisgarh.

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Raipur, Chhattisgarh.

2 - Commissioner Bilaspur, District Bilaspur, Chhattisgarh.

3 - Collector Bilaspur, District Bilaspur, Chhattisgarh.

4 - Sub Divisional Officer (Revenue) Bilha, District Bilaspur, Chhattisgarh.

5 - Tahsildar Bodri, District Bilaspur, Chhattisgarh.

... Respondent(s)

(Cause-title is taken from Case Information System)

For Petitioner : Mr. Atul Kumar Kesharwani, Advocate For State : Mr. Khulesh Sahu, Panel Lawyer SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

23/04/2025

1. Petitioner has filed this writ petition seeking following reliefs :-

“10.1 That, the Hon’ble Court may be pleased to issue appropriate writ(s)/order(s)/direction(s) to the respondent No. 4 for expeditious / time bound disposal of the Revenue Case No. 202401070100037/66 year 2023 – 24; Abdul Haleem Khan (died) vs. State of Chhattisgarh, in Digitally signed the interest of Justice.

by SHAYNA KADRI

10. Any other relief(s), direction(s), which the Hon'ble Court deems fit, and proper, in the circumstances of the case.”

2. Facts of the case, in a nutshell, are that the Revenue Case No.

202401070100037/66 of 2023-24, Abdul Haleem Khan (deceased) vs. State of Chhattisgarh, was registered on an application filed by the father of petitioner under Section 115 of the Chhattisgarh Land Revenue Code, 1959. The case seeks correction of records pertaining to Khasra No. 262, measuring 14.26 acres, situated in Village Pendridih, Tahsil Bodri, District Bilaspur (CG), which is currently recorded as government land. The revenue case has been pending for over a year, despite a report from the concerned Tahsildar and Halka Patwari having been received. The report mentions that as per the 1928-29 Misal Bandobast, the land was recorded in the name of the deceased forefather of applicant (Abdul Majid Khan) in Column No. 5, with "Bade Jhaad Ka Jangal" mentioned in Column No. 4. Notably, Abdul Majid Khan was also the owner of Khasra Nos. 249, 278, and 282 under the same account, which have already been mutated in the name of father of petitioner. However, Khasra No. 262 was left out, prompting the deceased applicant to file the instant application. It is pertinent to mention that a writ petition (WPC No. 4587/2021) filed by one Kunjbihari challenging the mutation order dated June 22, 2020, in respect of Khasra No. 278/2, was dismissed by this Court vide order dated April 7, 2022. Similarly, another writ petition (WPC No. 739/2021) challenging the non-mutation of Khasra No. 249 was disposed of vide order dated February 22, 2023, in light of the earlier order. Consequently, the name of the deceased applicant was recorded in the revenue record for Khasra Nos. 249 and 282. Despite the Patwari report and orders of this Court in respect of other holdings of the same account having been mutated, the respondent No. 4 has not concluded the proceedings filed by the petitioner.

3. Learned counsel for the petitioner submits that the petitioner has filed this writ petition with a limited prayer seeking a direction to respondent No. 4 for disposal of his application which has been filed under Section 115 of the Chhattisgarh Land Revenue Code read with Order 21 Rule 8 of C.P.C. Application was filed before the Sub-Divisional Officer (Revenue), Bilha way back on 10.01.2024, however, till date application has not been decided. He has also annexed the order- sheets of Sub-Divisional Officer (Revenue), Bilha which shows that vide order dated 30.05.2024, some reports were sought from the concerned Tahsildar and thereafter no orders have been passed.

4. Learned State counsel submits that in