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2025 Supreme(Online)(Chh) 8958
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Arvind Kumar Verma, J
Ajay Kumar S/o Bund Ram Patel – Appellant
Versus
State Of Chhattisgarh – Respondent
WPC No. 3123 of 2025
For the Appellants/Petitioners: Mr. Jeet Ram Patel
For the Respondents: Ms. Akanksha Verma Dabhaker, P.L.
Due process must be adhered to in administrative proceedings, ensuring parties receive a fair hearing before any closures or decisions are made.
Headnote:(A) Chhattisgarh Land Revenue Code - Sections 115 and 116 - Amendment of powers - The case was closed by the Tahsildar without affording opportunity of hearing to the petitioner, resulting in improper closure - The amendments conferred powers to different authorities during pendency, necessitating adjudication on merits. (Paras 2, 4, 7, 8)
(B) Administrative Procedure - Due process requires that parties should be given an opportunity to present their case before an order is made against them - Closure of proceedings without hearing is impermissible. (Para 4)
Facts of the case:
The petitioner seeks to quash Tahsildar's order that closed proceedings under the CGLRC while transferring authority several times due to amendments.
Findings of Court:
The Court found the closure of proceedings inappropriate as it lacked due process and remanded the case back to the Tahsildar for a proper hearing on request.
Issues: The main issues were whether the closure of proceedings was justified without a hearing and the implications of the amendment of powers during the ongoing case.
Ratio Decidendi: The closure of the petitioner's case without a hearing was improper, and the appropriate authority needed to adjudicate on the merits following the amendments of power under the CGLRC.
Result: The writ petition stands disposed of.
| Table of Content |
|---|
| 1. improper closure of case without due process (Para 2 , 3 , 4) |
| 2. amendments in authority impacts the adjudication of cases (Para 7 , 8) |
Order on Board
24/06/2025
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 quqash the impugned order 04.07.2024, in the interest of justice.
(b) 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. 202110041400055/2021-22 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 closed 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, due to new amendment in CG Land Revenue Code, the power of hearing under Section 115 of CGLRC conferred to the Sub Divisional OfÏce (Revenue) therefore the Tahsildar has transferred the matter before the SDO(Revenue) for proper adjudication and the matter of the petitioner has been closed by the respondent No. 4 Tahsildar. 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 has been again conferred to the Tahsildar.
4. Learned counsel for the petitioner 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, 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, the State Government has amended the Land Revenue Code on 04th of May, 2022 and power under Section 115 has been vested to the SDO (Revenue) thereafter, the Nayab Tehsildar, Kharsia, District Raigarh has sent file to the SDO(Revenue). Again during the pendency of the application under Section 115 and 116, the Section has again been amended on 19th July, 2024 bearing No. F-11-9/2024/7 by the State and the power has been vested in the hands of Tahsildar under Section 115 but Nayab Tehsildar, Kharsia, on 04th of July 2024 consigned the file.
8. Looking to the facts and circumstances of the case, 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.
9. Accordingly, the present writ
