2025:CGHC:16479 Digitally signed by NAFR YOGESH YOGESH TIWARI TIWARI Date:

2025.04.09

18:50:59 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3278 of 2022 Balaram S/o Dayaram Yadav Aged About 57 Years R/o Yadav Nagar, Tifra, Tahsil Bilaspur, District Bilaspur Chhattisgarh.

... Petitioner versus

1 - State Of Chhattisgarh Through Collector Bilaspur , District Bilaspur Chhattisgarh.

2 - The Revenue Borad Chhattisgarh At Bilaspur, District Bilaspur Chhattisgarh.

3 - The Commissioner Bilaspur Division, District Bilaspur, Chhattisgarh.

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

5 - The Tehsildar Bilaspur, District Bilaspur, Chhattisgarh.

6 - Zodiac Dealers Private Limited Through Director Sanjay Agrawal S/o Late Shri Ramchandra Agrawal, R/o Kranti Nagar Wardd No. 14 Bilaspur, Tahsil Bilaspur, District Bilaspur Chhattisgarh.

7 - Ramnarayan S/o Banshilala Yadva R/o Yadav Nagar, Tifra, Tahsil Bilaspur, District Bilaspur Chhattisgarh.

... Respondents (Cause-title taken from Case Information System)

Order on Board

08.04.2025

1 Heard Mr. Akath Kumar Yadav, learned counsel for the petitioner as well as Mr. Satish Gupta, learned Government Advocate appearing for respondent-State, Mr. Ghanshyam Patel, learned counsel appearing for respondent No.6 and Mr. Karan Kumar, learned counsel appearing for respondent No.7.

2 The instant petition is preferred by the petitioner under Article 226 of the Constitution with the following relief(s):- “10.1 That this Hon'ble Court may kindly be pleased to call for the entire record pertaining to the present case.

10.2 That this Hon'ble Court may please to quash the impugned order dated 05-05-2022 (ANNEXURE P/1) passed by the Revenue Board Chhattisgarh Bilaspur, District-Bilaspur C.G. in interest of Justice.

10.3 That this Hon'ble court may further be pleased to pass any other order in favour of petitioner as it may deem fit and proper under the facts and circumstances of the case with cost.”

3 Learned counsel for the petitioner submits that the petitioner is challenging the legality, validity and propriety of the order dated 05.05.2022 passed by the Board of Revenue Chhattisgarh at Bilaspur in Revenue Case No.R.N/02/R/A-06/115/2019, whereby the revision filed by respondent No.6 has been allowed and the order of the Commissioner dated 03.04.2018 has been set aside confirming the orders passed by the Sub Divisional Officer (R) Bilaspur and Tahsildar, Bilaspur. He further submits that without informing the petitioner, Ramnarayan (respondent No.7) has sold the land to respondent No.6 and respondent No.6 has mutated his name in the revenue records and the petitioner has been dispossessed from the said property.

4 Considering the overall facts and circumstances of the case, it is apparent that the dispute which is revolving in this petition can be primarily adjudicated by the competent Civil Court. Accordingly, the petitioner is directed to approach before the competent Civil Court for getting relief, which he is seeking before this Court as the question which has been raise by the petitioner cannot be adjudicated in this petition under Article 226 of the Constitution of India.

5 In view of the above, instant petition stands disposed of with a direction to the petitioner to approach before the competent Civil Court and to file appropriate suit along with appropriate application within a period of 20 days from the date of production of certified copy of this order. In the meanwhile, till the decision on the application is to be filed by the petitioner under Order 39 Rule 1 and 2 of the Civil Procedure Code, 1908, no third party interest shall be created by respondents No.6 and 7.

6 With the aforementioned observat