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2025 Supreme(Online)(Chh) 10445

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Bibhu Datta Guru, J
Friska Xaxa W/do Late Istanis Xaxa Aged About 80 Years R/o Village Peethaama, Tahsil- Patthalgaon, District- Jashpur, Chhattisgarh – Appellant
Versus
State of Chhattisgarh Through The Secretary Department of Revenue New Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur District- Raipur Chhattisgarh – Respondent


For the Appellants/Petitioners:Mr. Sushil Dubey, Advocate
For the Respondents:Mr. Sangharsh Pandey, Government Advocate, Mr. A.N. Bhakta & Mr. Vivek Bhakta, Advocates

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha , Chief Justice

04 .09.2025

1. Heard Mr. Sushil Dubey, learned counsel for the appellants. Also heard Mr. Sangharsh Pandey, learned Government Advocate, appearing for the State and Mr. A.N. Bhakta and Mr. Vivek Bhakta, learned counsel, appearing for respondents No. 6 to 10.

2. The present intra-Court appeal is directed against the order dated 02.07.2025 passed by the learned Single Judge in WPC No. 134 of 2023 (Pratima Xaxa & Others vs. State of Chhattisgarh & Others), whereby the writ petition preferred by the respondents No. 6 to 10/writ petitioners have been allowed.

3. Brief facts of the case are that the disputed land bearing Khasra Nos. 403/3 (0.2510 ha), 421/3 (2.0230 ha), and 474/2/च (7.1230 ha), totaling 9.3970 hectares, situated in Village Peethaama, Patwari Halka No. 333, Tahsil Patthalgaon, District Jashpur (C.G.), is joint family property. The land was purchased from the joint family income on 16.04.1952, and for convenience, the sale deed was executed solely in the name of Sohrayee (grandfather of the appellants herein), due to the ill health of Barnabas (gran

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