NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 622 of 2024  Shri Bharat Lal Jaiswal S/o Late Shri Baliharilal Jaiswal Aged About 72 Years R/o Vivekananda Ward No.05, Nawagaon Katghora, P.S.- Katghora Tehsil - Katghora, District - Korba, Chhattisgarh.

---- Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhawan, Mantralaya, New Raipur, Chhattisgarh.

2. The Collector, Korba, District - Korba, Chhattisgarh.

3. The Additional Collector, Korba, District - Korba, Chhattisgarh.

4. The Tehsildar Katghora (Revenue) District - Korba, Chhattisgarh.

5. Shri Vikram Kumar Jaiswal S/o Late Shri Bajranj Lal Jaiswal Aged About

48 Years R/o Darri Road Korba, District - Korba, Chhattisgarh.

6. Shri Vijay Kumar Jaiswal S/o Late Shri Bajranj Lal Jaiswal Aged About 44 Years R/o Darri Road Korba, District - Korba, Chhattisgarh.

7. Shri Manoj Kumar Jaiswal S/o Late Shri Bajranj Lal Jaiswal Aged About

42 Years R/o Darri Road Korba, District - Korba, Chhattisgarh.

8. Shri Vijendra Kumar Jaiswal S/o Late Shri Bajranj Lal Jaiswal Aged About

35 Years R/o Darri Road Korba, District - Korba, Chhattisgarh.

9. Smt. Mandavi Jaiswal W/o Gulab Jaiswal Aged About 58 Years R/o Village - Nawagaon, Katghora, District - Korba, Chhattisgarh.

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

For Petitioner : Mr. Ashutosh Shukla, Advocate.

For Respondents No. 1 to 4/State : Mr. Dilman Rati Minj, Govt. Advocate Hon’ble Mr. Justice Rakesh Mohan Pandey

Order on Board

02.02.2024 The present writ petition has been filed by the petitioner with the following prayer(s):-

“10.1. That the Ho’ble Court may kindly be pleased to issue a suitable writ and to set-aside/Quash Impugned Order dated 10.01.2024 passed by the respondent No. 03 Additional Collector Korba.

10.2 That, the Hon’ble Court may kindly be pleased to issue a writ remanding the matter to the SDO(Revenue) Katghora and call for the entire records.

20.3 Any other relief which this Hon’ble Court may deem and proper in the present circumstances of the case.”

2. The brief facts of the case are that the father of respondents No. 5 to 9 and the elder brother of the petitioner namely, Bajrang Lal Jaiswal purchased lands bearing survey No. 183/1, admeasuring 0.717 hectare, survey No. 185, admeasuring 0.060 hectares, survey No. 187, area 0.065 hectare, Khasra No. 188/2, admeasuring 0.316 hectares, Khasra No. 520/1 and part of Khasra No. 522, admeasuring 0.287 hectares, Total area 1.445 hectare/3.55 acres through a registered sale deed dated 09.04.1988. After the death of the purchaser of the land on 22.05.2021, a dispute arose between respondents No. 5 to 9 and the petitioner. Consequently, the petitioner filed the Civil Suit No. 49-A/2023. In between, an application under Sections 109 and 110 of the Chhattisgarh Land Revenue Code, 1959 (henceforth “the Code, 1959”) for partition was moved by the petitioner and sons of respondents No. 4 to 9 before the Tehsildar, Katghora, which was rejected vide order dated 25.08.2023 on the ground that civil suit No. 49-A/2023 is pending before the trial Court. Against that, a revision was preferred before the Additional Collector, Katghora, District- Korba. The Additional Collector vide order dated 10.01.2024 set aside the order passed by the Tehsildar, Katghora (Revenue), District Korba (C.G.).

3. Learned counsel for the petitioner would submit that an efÏcacious alternative remedy was available to respondents No. 4 to 9 under Section 44 of the Code, 1959 to prefer an appeal against the order passed by the Tehsildar.

4. Per contra, learned State counsel would submit that though the petitioner has pleaded and raised the issue of alternative remedy, at the same time, against the order dated 10.01.2024 passed by the Additional Collector, Katghora, a revision would lie before the Commissioner and the present petition, as framed and filed is not maintainable.

5. Heard learned counsel for the parties and perused the material available on record.

6. Taking