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2025 Supreme(Online)(Chh) 10019
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Arvind Kumar Verma, J
Smt. Maheshwari – Appellant
Versus
State Of Chhattisgarh – Respondent
WPC No. 4189 of 2025
For the Appellants/Petitioners: Ms. Rajni Soren
For the Respondents: Mr. Anurag Tripathi
Pending proceedings in a Revenue Case inhibit the entertainment of parallel petitions regarding the subject matter.
Headnote:The petitioner, a bhumiswami owner of khasra no. 98/1, sought to set aside orders against her boundary wall construction, claiming encroachment by respondents on adjacent khasra no. 97/892. The court observed a pending Revenue Case No. 202506130500009/A-70/2024-25 and directed expeditious handling of the case. The court ruled that there were no grounds to entertain the petition given the ongoing proceedings.
| Table of Content |
|---|
| 1. petitioner claims construction on her land. (Para 2) |
| 2. opposing counsel argues for pending resolution. (Para 3) |
| 3. court reviews the case details carefully. (Para 4) |
| 4. pending revenue case limits court's action. (Para 5) |
| 5. court disposes of the petition directing expedited proceedings. (Para 6) |
Order on Board
08/08/2025
1. By way of the present petition, the petitioner has prayed for the following reliefs:
“10.1 Set-aside order dated 18.11.2024 (Annexure P/2) passed by Naib Tahsildar Bhakhara-Bhateli, District- Dhamtari (C.g.);
10.2 Set-aside order dated 13.06.2025 (Annexure P/1) passed by SDO(R), Kurud, District- Dhamtari (C.G.) in Revenue Case No. 202506130500009/A-70/2024-25.
10.3 Pass any other order the Hon’ble Court may deem fit in the interest of justice.”
2. Learned counsel appearing for the petitioner submits that the petitioner is bhumiswami owner of khasra no. 98/1 area 0.04 hectare at Village Borjhara, Tahsil-Bhakhara, District- Dhamtari (C.G.), the petitioner has been constructing boundary wall on her land. The respondents claim that they are bhumiswami owner of khasra no. 97/892 which is adjacent to the petitioner’s land. The respondents allege that the petitioner is carrying out construction activities on their land. The Naib Tahsildar Bhakhara vide order dated 18.11.2024 directed the petitioner to stop all construction activities. On the basis of the application a Revenue Case was registered and the respondents filed an application for re- instatement of Bhumiswami Rights over khasra no. 97/892 area 0.03 hectare, Village Borjhara, Tahsil-Bhakhara, District- Dhamtari (C.G.) u/s 250 r/w section 32 of the C.G. Land Revenue Code , 1959.
3. On the other hand, learned Panel Lawyer appearing for the State opposes the submission made by the counsel for the petitioner and contended that a revenue case bearing no.
202506130500009/A-70/2024-25 is already pending.
4. I have heard learned counsel for the respective parties at length and perused the record with utmost circumspection.
5. Considering the facts and circumstances of the case, submissions of the counsel for the respective parties, since a revenue case bearing no. 202506130500009/A-70/2024-25 is pending, therefore, there is no good ground to entertain this petition.
6. Accordingly, the present petition is disposed of with a direction to respondent no. 1 to expedite the proceedings of case no. 202506130500009/A-70/2024-25 as soon as possible in accordance with law, rules and regulations.
Sd/-
