NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Order Reserved on 19.4.2022 Order delivered on 17.6.2022 WPC No.951 of 2017 • Pradip Kumar Sengupta S/o Prodyut Kumar Sengupta, Aged About 69 Years R/o Flat No. 8, Second Floor- 1 Deshbandhu Road, Kolkata West Bengal.

---- Petitioner Versus

1. State of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management Department, Mahanadi Bhawan, Mantralaya, New Raipur (CG)

2. South Eastern Coalfields Limited, Through The Managing Director, S E C L Headquarter, Seepat Road, Bilaspur (CG)

3. The Incharge Officer Land Revenue, Office of General Manager, SECL, Raigarh Area, District Raigarh (CG)

4. The Commissioner, Bilaspur Division, Camp Court At Raigarh, District Raigarh (CG)

5. The Sub Divisional Officer Revenue, Gharghoda, District Raigarh (CG)

6. Sudhir Kumar Rai S/o Amol Kishore, Through Power Of Attorney Sudershan Rai S/o Sushant Rai, R/o Village Baroud, Tahsil Gharghoda, District Raigarh (CG)

7. Subhash Chandra Rai S/o Prafull Kumar Rai, Through Power Of Attorney Sudershan Rai S/o Sushant Rai, R/o Village Baroud, Tahsil Gharghoda, District Raigarh (CG)

8. Geeta Rai W/o Sushant Rai, Through Power Of Attorney Sudershan Rai S/o Sushant Rai, R/o Village Baroud, Tahsil Gharghoda, District Raigarh (CG)

---- Respondents For Petitioners : Mr. Sachin Singh Rajput, Advocate For Respondent No.1, 4 & 5 : Mr. Aditya Bharadwaj, Panel Lawyer For Respondent No.2 & 3 : Mr. Sudhir Bajpai, Advocate For Respondent No.6 to 8 : Mr. Somnath Verma, Advocate SB: Hon'ble Mr. Justice Parth Prateem Sahu

CAV Order

1. Petitioner has filed this writ petition seeking for following reliefs:-

“10.1. The Hon'ble Court may kindly be pleased to call the records from the respondent authorities.

10.2. The Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction, directing the respondents no.2 & 3 to release the compensation in lieu of acquired lands bearing khasra no.627/2, 639, 646/1, 646/4, 646/5, 650, 660/3 situated at village Baroud Tahsil Gharghoda, District Raigarh (CG) to the petitioner in accordance with law in favour of the petitioner.

10.3.Any other relief which this Hon'ble Court deems fit may kindly be granted.”

2. Learned counsel for the petitioner submits that petitioner is owner of land bearing Khasra Nos.627/2, 639, 646/1, 646/4, 646/5, 650, 660/3 area 1.177,0.263, 0.263, 0.263, 0.466, 1.052 & 2.023 hectare respectively situated in village Baroud, Tahsil Gharghoda, District Raigarh (for short 'the said property'), which he had purchased by way of registered sale deeds dated 28.8.1990 from its erstwhile owners namely Sachikant Rai, Sukant Rai (Minor) son of Shri Sachikant Rai, Subhash Chandra Rai son of Shri Prafulla Chandra & Sudhir Rai son of Shri Prafulla Chandra. After purchase, petitioner submitted an application before the Patwari concerned for mutation of said property in his name in land records. Private respondents herein submitted their objection to application for mutation. Patwari concerned considering objections raised by private respondents, forwarded application to the Tahsildar for adjudication. The Tahsildar passed an order in favour of petitioner ordering for mutation of said property in the name of petitioner. The order of Tahsildar was challenged before the Sub-Divisional Officer (R) in appeal under Section 44 (1) of the Chhattisgarh Land Revenue Code, 1959 (for short 'the Code of 1959'). The Appellate Authority without issuing proper notice to petitioner proceeded with case recording presence of one of the counsel on behalf of petitioner, who was appointed by private respondents, allowed the appeal, set aside the order of Tahsildar and remanded back the matter to Tahsildar for passing order afresh on mutation application after providing opportunity of hearing to the parties. After remand, petitioner was not served and private respondents herein in collusion with revenue authority concerned as also counsel appearing before the Tahsildar got passed an order of