When a civil court is seized with a matter involving property title, the revenue authority lacks jurisdiction to continue proceedings concerning that property.

Order on Board

07.05.2025

1. Heard Mr. Ankur Diwan and Mr. Vikhyat Arora, learned counsel for the petitioners as well as Mr. Praveen Das, learned Deputy Advocate General appearing for the State and Mr. Dhaneshwar Yadav, learned counsel appearing for respondent No.5.

2. The petitioners have filed the petition seeking following reliefs:-

“10.1 It is therefore prayed that, This Hon'ble Court may kindly pleased to issue a writ/order/directions to stay the proceedings of the Tahsildar, Mungeli under section 178 of the CGLRC 1959 in Revenue Case No. 202503250200018/A-27/2024-25, 202503250200019/A-27/2024-25, with respect to the suit property in schedule A, B & C of the plaint, during the pendency of the application under order 39 Rule 1 & 2 CPC before the Civil Judge Class II, Mungeli in Civil Suit No. 148A/2024, in the interest of justice.

10.2 To direct the Commissioner Bilaspur, to decide the pending stay application under section 52 of the CGLRC with respect to the suit property.

10.3 Any other relief/reliefs, which this Hon'ble Court may think fit and proper in the facts and circumstances of the case, may also please be granted to the petitioner.”

3. Brief facts of the case are the petitioners have filed a civil suit bearing Civil Suit No.148-A/2024 dated 21.11.2024 against respondents No. 5 for declaration and permanent injunction as well as in alternate partition and separate possession of the suit property, mentioned in Schedule A, B & C of the plaint on the ground that the father of the petitioners have executed a will dated 10.08.2020, which is pending before the learned trial Court. The petitioners have also filed an application under Order XXXIX Rule 1 & 2 of CPC before the learned trial Court, which is also pending consideration. On 26.03.2025, respondent no.5 submitted its written statement along with reply to the application under Order XXXIX Rule 1 & 2 of the CPC and on 22.01.2025, respondent No.5 moved an application for partition of holdings before the Tehsildar, Mungeli with respect to the property situated at Village Devri and Mungeli claiming her to be the wife of the father of the petitioners and hence, she has right over 1/7th part of the suit property.

4. Thereafter, on 02.04.2025, after receiving notices, the petitioners submitted a preliminary objection to the application filed by respondent No.5 before the Tehsildar, but the Tehsildar concerned continued with the matter ignoring the fact that the civil suit as well as application under Order XXXIX Rule 1 & 2 is pending and he has given a next date as 25.04.2025. On 21.04.2025, respondent No.5 also submitted its reply to the preliminary objection and on 03.04.2025, the next date was given in civil suit as 10.06.2025. The Tehsildar further proceeded in the matter filed under Section 178 of the Chhattisgarh Land Revenue Code , 1959 (for short, Code, 1959’) during the pendency of civil suit, of which the question of title is involved, thus being aggrieved by the further proceedings of the Tehsildar Mungeli as also pendency of application under Order XXIX Rule 1 & 2 of the CPC has continued the proceedings of Section 178 of the Code, 1959, the petitioners have approached this Court by filing the instant writ petition.

5. Learned counsel for the petitioners submits that though civil suit for declaration of title and permanent injunction and application for temporary injunction are pending consideration, as such the Tehsildar should have opted not to continue the proceeding under Section 178 of the Code, 1959. He further submits that as the issue of title is involved, as such, learned Tehsildar should not have proceeded with the matter till the decision of