The court reinforced the necessity of due process in administrative proceedings, ensuring parties are heard before decisions are made.

Order on Board

09.06.2025

1. The present writ petition has been filed by the petitioner seeking following reliefs:-

(a) That, this Hon’ble Court may kindly be pleased to direct the respondent no. 4 to reopen the petitioner case that is Revenue Case No. 202110041400056/2021-22 and transferred to the appropriate court for end of justice, in the interest of justice.

(b)that, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of the petition may be given.

2. The matter in brief is such that respondent no. 4 that is the Tahsildar Kharsia, District Raigarh, Chhattisgarh has closeed the proceeding and the record has been sent to the record room, in the petitioner application under Section 115 and 116 of the Chhattisgarh Land Revenue Code, for correction of wrong or incorrect entry in land record, which was pending since 2021, before the respondent no. 4 mentioning that the power of Section 115 of CGLRC has been conferred to the Sub Divisional OfÏcer (Revenue) and due to no power of such court, the case was disposed and file sent to the record room.

3. Learned counsel for the petitioner submits that during the pendency of the case in the year 2022 such situation was created due to amendment in that time but he Tahsildar was transferred the matter before the SDO(Revenue) for proper adjudication and the matter was closed. He submits that under Section 29 and 30 of the CGLRC, whenever it appears to the revenue ofÏcers for the expedient ends of justice, it may direct that any particular case be transferred from one Revenue OfÏcer to another of equal or superior rank in the same district or any other district. At the time of filing of application under Section 115 and 116 of CGLRC was in existence and the power of hearing was conferred to the Tahsildar and now after closing the proceedings just after 15 days that power was again conferred to the Tahsildar.

4. He further submits that before passing such order the respondent no. 4 has not given opportunity of hearing to the petitioner and the respondent no. 4 has wrongly closed the case of the petitioner, whereas he was seeking recommendation or transfer his case to higher authority.

5. Per contra, learned counsel for the respondents opposes the prayer made by the learned counsel for the petitioner.

6. Heard learned counsel for the respective parties and perused the record with utmost circumspection.

7. On bare perusal of the record available this court finds that petitioner has filed application under Section 115 and 116 of the Chhattisgarh Land Revenue Code on 07.10.2021, at that time, the power was vested in the hands of Tehsildar and Nayab Tehsildar. During the pendency of the application State Counsel has amended the land revenue code on 04^th of May, 2022 and power under section 115 has been vested to the SDO (Revenue) thereafter, file sent to the SDO(Revenue) by Nayab Tehsildar, Kharsia, District Raigarh. Again during the pendency of the application under Section 115 and 116 land revenue code again amended by No. F-11-9/2024/7 dated 19^th July, 2024 by the State and again the power was vested in the hands of Tehsildar under Section 115 but Nayab Tehsildar, Kharsia, on 04^th of July 2024 consigned the file.

8. Looking to the facts, the case is remanded back to the Tehsildar, Kharsia, District Raigarh to decide the application of the petitioner filed under Section 115 and 116 of the Chhattisgarh Land Revenue Code on merits. sd/-