NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(227) No.484 of 2024 Fatima, D/o Abbu Mohammad, Aged About 52 Years, R/o Village Jurali, Tahsil Podi Uproda, District : Korba, Chhattisgarh ---- Petitioner Versus

1. Amina, W/o Late Isha Mohammad, aged About 51 Years R/o Madanpur Rajgamar, Tahsil Kartala, District : Korba, Chhattisgarh

2. Mumtaj, D/o Late Isha Mohammad, Aged About 29 Years R/o Nonbirra, Tahsil Kartala, District : Korba, Chhattisgarh

3. Salma, D/o Late Isha Mohammad, Aged About 27 Years R/o Talapara, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh

4. Rajiya, D/o Late Isha Mohammad, Aged About 24 Years R/o Madanpur Rajgamar, Tahsil Kartala, District : Korba, Chhattisgarh ----Respondents For Petitioner: Shri SRJ Jaiswal, Advocate.

Single Bench: Hon'ble Shri Deepak Kumar Tiwari, J

Order On Board

19.06.2024

1. This Petition has been filed being aggrieved by the order dated 04.04.2024 (Annexure P-1) passed by the Chhattisgarh Board of Revenue, Bilaspur, District Bilaspur in Case No.R.N./10/R/A-6/242/2023 whereby, the Revision Petition filed by the Petitioner was dismissed.

2. Brief facts of the case are that name of Isha Mohammad was recorded in the revenue records for the land bearing Khasra No.16/1 CH admeasuring area 1.606 hectares situated at Village Jurali, Tahsil Podi Uproda, District Korba and after her death, name of the present Petitioner was mutated vide order dated 22.02.2017 and thereafter, the private Respondents, after a lapse of long time, filed an Appeal on 10.08.2020 along with an application for condonation of dealy and challenged the said mutation, which was allowed by SDO (Rev) Podi Uproda, District Korba vide order dated 22.09.2021, which was affirmed by the Collector vide order dated 26.11.2021 and the same was affirmed by the Additional Commissioner, Bilaspur on 13.02.2023. Thereafter, the Petitioner has preferred the Revision before the Board of Revenue, which was also dismissed. Hence this Petition.

3. Learned Counsel for the Petitioner submits that the mutation order has been passed after following a proper procedure, therefore, the impugned order is not sustainable and prays to allow the Petition.

4. Heard learned Counsel for the Petitioner and perused the order impugned as also the documents annexed herewith carefully.

5. Perusal of the order impugned reveals that to ascertain the truth of the claim of the Petitioner and the rival claims, an enquiry was made, therefore, the procedure adopted and followed by the learned Revenue Court was to advance cause of justice and as such, the order impugned is not perverse and there is no material illegality or irregularity in the said order, which calls for any interference invoking writ jurisdiction.

6. Accordingly, the instant Petition, being bereft of any merits, is liable to be and is hereby dismissed.

Sd/-

(Deepak Kumar Tiwari)

JUDGE Priya