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2021 Supreme(Online)(Chh) 2658

CHHATTISGARH HIGH COURT
Goutam Bhaduri, J
State of Chhattisgarh through Collector Rajnandgaon (CG) and Another v. Rupnarayan Shukla and Others


Advocates:
For the Appellants/Petitioners:Mr. Ravi Bhagat, Deputy Government Advocate
For the Respondents: Mr. V.K. Sharma

Table of Content
1. legal status and claims over land under land revenue code (Para 1 , 2 , 3)
2. court's view on prior proceedings and their impact on the current suit (Para 4 , 5 , 6)
3. principles regarding validity and contesting administrative orders (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14)
4. court's reaffirmation of the maintainability of civil suits for title (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23)

1. The substantial question of law involved, formulated and to be answered in this second appeal preferred by the appellants / defendants is as under:
"Whether both the Courts below were justified in holding that plaintiff has acquired ''bhoomiswami rights'' over the suit land under the provisions contained in Chhattisgarh Land Revenue Code , 1959 and he is entitled for declaration of title and permanent injunction restraining the State from interfering with their possession by recording a finding which is perverse to the record ?."
[For the sake of convenience, the parties would be referred hereinafter as per their status shown and nomenclature in the suit before the trial Court].


2. The Superintendent of erstwhile State of Rajnandgaon had executed a patta in favour of Shri












































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