AFR VISHAKHA HIGH COURT OF CHHATTISGARH AT BILASPUR BEOHAR Digitally signed by VISHAKHA WPC No. 134 of 2023 BEOHAR Judgment Reserved on 28.04.2025 Judgment Delivered on 02.07.2025

1 - Pratima Xaxa D/o Late Suresh Xaxa Aged About 25 Years Uraon By Caste, R/o Village Peethaama, Tahsil Patthalgaon, District : Jashpur, Chhattisgarh

2 - Francis Xaxa S/o Late Jwakim Xaxa Aged About 44 Years Uraon By Caste, R/o Village Peethaama, Tahsil Patthalgaon, District : Jashpur, Chhattisgarh

3 - Premsheela Xaxa D/o Late Jwakim Xaxa Aged About 42 Years Uraon By Caste, R/o Village Peethaama, Tahsil Patthalgaon, District : Jashpur, Chhattisgarh 4 - Agustin Xaxa S/o Late Jwakim Xaxa Aged About 30 Years Uraon By Caste, R/o Village Peethaama, Tahsil Patthalgaon, District : Jashpur, Chhattisgarh

5 - Rajesh Xaxa S/o Late Jwakim Xaxa Aged About 25 Years Uraon By Caste, R/o Village Peethaama, Tahsil Patthalgaon, District : Jashpur, Chhattisgarh ... Petitioners versus

1 - The State Of Chhattisgarh Through The Secretary, Department Of Revenue, New Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh 2 - The Collector District Jashpur, Chhattisgarh. 3 - The Sub Divisional Officer (Rev.) Patthalgaon, District : Jashpur, Chhattisgarh

4 - The Tahsildar Tahsil Patthalgaon, District : Jashpur, Chhattisgarh 5 - The Naib Tahsildar Tahsil Patthalgaon, District - Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh 6 - Friska Xaxa, Wd/o Late Istanis Xaxa, Aged About 80 Years R/o. Village Peethaama, Tahsil - Patthalgaon, District - Jashpur Chhattisgarh 7 - Reeta Xaxa, D/o Late Istanis Xaxa Aged About 60 Years R/o. Village Peethaama, Tahsil - Patthalgaon, District - Jashpur Chhattisgarh 8 - Ankit Xaxa S/o Late Kamal Xaxa, Aged About 30 Years R/o. Village Peethaama, Tahsil - Patthalgaon, District - Jashpur Chhattisgarh 9 - Amiya Xaxa, D/o Late Kamal Xaxa, Aged About 22 Years R/o. Village Peethaama, Tahsil - Patthalgaon, District - Jashpur Chhattisgarh 10 - Ashok Xaxa, S/o Late Istanis Xaxa, Aged About 35 Years R/o. Village Peethaama, Tahsil - Patthalgaon, District - Jashpur Chhattisgarh 11 - Juleta Xaxa, Wd/o Late Kamal Xaxa Aged About 55 Years R/o. Village Peethaama, Tahsil - Patthalgaon, District - Jashpur Chhattisgarh

12 - Marsel Xaxa, S/o Late Barnabas Xaxa, Aged About 75 Years Caste - Uraon, R/o. Village Peethaama, Tahsil - Patthalgaon, District - Jashpur Chhattisgarh Presently Resided At - Namuna Ghar, Post Office - Dundas Point Bo, Town - Ferrargunj, District South Andaman, Andaman Nicobar Island Pin- 744206 ... Respondents (Cause title taken from Case Information System)

For Petitioners : Mr. A.N. Bhakta & Mr. Vivek Bhakta, Advocates For State : Mr. Khulesh Sahu, P.L.

For Respondents : Mr. Sudeep Verma, Advocate No. 6 to 11 Hon’ble Shri Justice Amitendra Kishore Prasad

CAV Judgment

1. By way of this petition, the Petitioners submit 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 purchased on 16.04.1952 from joint family income. Due to the ill-health of the petitioners’ grandfather Barnabas at the time of purchase, the sale deed was executed in the name of Sohrayee (grandfather of Respondents No. 6 to 11) as per family settlement. Though initially recorded jointly in the revenue records, Barnabas’s name was later deleted following objections by Istanis, son of Sohrayee, vide Revenue Case No. 2A-6/1986-87. Being aggrieved, Barnabas filed Civil Suit No. 9-A/1987 before the Civil Judge, Class-I, Raigarh, which was decreed on 22.12.1989 in his favour, declaring his title over the land. Due to lack of legal knowledge, he could not apply for mutation during his lifetime. The present petitioners, being his legal heirs, filed for mutation on the basis of said decree, and the Naib Tahsildar allowed the same on 22.03.2022 in Revenue Case No