NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No.142 of 2015 Order Reserved on : 1.2.2024 Order Passed on : 7.3.2024

1. State of Chhattisgarh through the Secretary, Government of Chhattisgarh, Department of Revenue, Mahanadi Bhawan, Mantralaya, Naya Raipur, Chhattisgarh, Police Station Rakhi

2. The Collector, District Raigarh, Chhattisgarh

3. The Registrar, Public Trust, Raigarh, District Raigarh, Chhattisgarh ----- Petitioners versus Krishna Kumar Gupta, son of Shri Bhagirathi Lal Gupta, Karta Paluram Dhananiya, Hindu Undivided Family, Palace Road, Raigarh, Tahsil and District Raigarh, Chhattisgarh ----- Respondent -----------------------------------------------------------------------------------------------

For Petitioners/State : Shri Vivek Sharma, Additional Advocate General For Respondent : Shri Vedant Sadangi, Advocate on behalf of Shri Rajeev Shrivastava, Senior Advocate -----------------------------------------------------------------------------------------------

and Writ Petition (227) No.606 of 2015 Krishna Kumar Gupta, son of Bhagirathi Lal Gupta, aged about 71 years, R/o Palace Road, P.S. City Kotwali, Tahsil and District Raigarh, Chhattisgarh ----- Petitioner versus

1. State of Chhattisgarh through Secretary, Department of Revenue, Mahanadi Bhawan, Naya Raipur, Chhattisgarh

2. Board of Revenue, Chhattisgarh through its Presiding Officer, Bilaspur, Chhattisgarh

3. The Collector, Collectorate, Raigarh, Chhattisgarh ----- Respondents -----------------------------------------------------------------------------------------------

For Petitioner : Shri Vedant Sadangi, Advocate on behalf of Shri Rajeev Shrivastava, Senior Advocate For State/Respondents : Shri Vivek Sharma, Additional No.1 & 3 Advocate General -----------------------------------------------------------------------------------------------

Hon'ble Shri Justice Arvind Singh Chandel C.A.V. Order

1. Since the parties and the land in question are common in both the writ petitions, they are heard and decided together.

2. Writ Petition (227) No.142 of 2015 has been preferred by the State seeking following reliefs:

“i. This Hon’ble Court may kindly be pleased to issue an appropriate writ by setting aside the order dated 5^th October, 2006 passed by the Board of Revenue in Revenue Appeal Case No.211/A-6/2004-05.

ii. Issue any other order or orders, writ or writs, direction or directions as this Hon’ble Court may deem fit in the facts and circumstances of the case in favour of the petitioner and against the respondents. iii. Cost of the petition be allowed.”

3. Writ Petition (227) No.606 of 2015 has been preferred by Krishna Kumar Gupta [Respondent in Writ Petition (227)

No.142 of 2015] seeking following reliefs:

“(A) Set aside/quash the impugned order dated 05.06.2015 (ANNEXURE P/1) of Board of Revenue, Bilaspur, passed in Revenue Case No.R.W./13/R/A-4/236/2015, by which Collector Raigarh has been permitted to review the order dated 10.01.2008 of Additional Collector Raigarh passed in Revenue Case No.1/A-

4/2007-08, and/or (B) That any other relief which this court thinks fit in the interest of justice & equity.”

4. Facts of the case of both the writ petitions as per their pleadings, in short, are that one Seth Paluram Dhananiya was the Karta of Hindu Undivided Family consisting of himself and his sons. The property in question, i.e., the land bearing Nazul Sheet No.32, Plot No.11 area admeasuring 73038 Square Feet situated at Raigarh was initially in the name of one Dr. Baldev Prasad Mishra who sold the property to one Kirodimal Lohariwala vide registered sale deed dated 13.8.1941. The name of Kirodimal Lohariwala was also entered into the government record. Subsequently, Kirodimal Lohariwala sold the land in favour of Paluram Dhananiya, the head of Hindu Undivided Family. Paluram Dhananiya constructed a temple within the suit premises known as Sewa Kunj and established a deity by the name of Gowrishankar. Paluram Dhananiya executed deeds of endowment to the said d