2026:CGHC:15618 D si i g g n it e a d l l b y y NAFR JYOTI JYOTI SHARMA SHARMADate:

2026.04.07 10:50:49 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 577 of 2025 Dashrath Lal S/o Late Keja Ram Sahu Aged About 54 Years R/o Village- Bhawarmara, Post- Singhola, Tahsil And District-

Rajnandgaon (C.G.)

... Appellant(s)

versus

1. Ghanshyam Gupta S/o Kishan Gopal Gupta Aged About 46 Years R/o Village- Bhawarmara, Post- Singhola, Tahsil And District - Rajnandgaon (C.G.)

2. Sarpanch Village Panchayat Bhawarmara, Post- Singhola, Tahsil And District - Rajnandgaon (C.G.)

3. State Of Chhattisgarh Through Collector District - Rajnandgaon (C.G.)

... Respondent(s)

For Appellant(s) : Mr. Ashok Patil, Advocate For Respondent/ : Mr. Lekhram Dhruv, P.L.

State Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board

06.04.2026

1. The plaintiff/appellant has preferred this second appeal under Section 100 of the Code of Civil Procedure, 1908 (for brevity CPC) against the judgment & decree dated 10.09.2025 passed by the Learned 3^rd Additional District Judge, Rajnandgaon C.G. in Civil Appeal No. 63A/2024 (Dashrath Lal & Ghanshyam & Ors.) arising out of the judgment and decree dated 06.07.2024 passed by the Trial Court in Civil Suit No. 93A/2018 (Dashrath Lal & Ghanshyam & Ors.) whereby the learned trial Judge has dismissed the suit of the plaintiff/ appellant. For the sake of convenience, the parties would be referred as per their status before the learned trial Court.

2. The plaintiff instituted a Civil suit seeking declaration of title over the property described in Schedule ‘A’ and a decree of permanent injunction pleading inter alia that pursuant to resolution No. 6 dated 10.10.2009 of the Gram Panchayat and order dated 12.11.2009, an abadi patta in respect of land bearing Khasra No. 696/1, Plot No. 113, admeasuring 2½ dismil, situated at Village Bhanwarmara, Patwari Halka No. 25, Tahsil and District Rajnandgaon, was granted in his favour. It is pleaded that the plaintiff has been in peaceful possession of the said land since the year 2000 and has constructed a kutcha house in the year 2002, where he resides and carries on his tailoring business. Out of the said land, the plaintiff has constructed a house over 330 sq. ft. and the remaining portion has been enclosed by a pakka boundary wall. It is further pleaded that the mother of defendant No.1, namely Laxmibai, had also been granted abadi patta for 2½ dismil land in the same village; however, Laxmibai and defendant No.1 allegedly made unauthorized construction over an area measuring 47 × 48 feet. The plaintiff lodged complaints before the competent authorities in this regard, due to which defendant No.1 started harbouring animosity towards the plaintiff and has been attempting to dispossess him from the suit property with the help of members of the Gram Panchayat. It is further stated that on a complaint made by defendant No.1, a revenue case bearing No. 45-बी(cid:2)/131 for the year 2015–16 was initiated before the Naib Tahsildar, Rajnandgaon, which was decided by order dated 02.06.2017.

3. The defendants No.1 and 2 filed their written statement denying the averments made in the plaint and contended that the patta relied upon by the plaintiff is forged and fabricated. It is pleaded that upon a complaint made by defendant No.1, the matter was duly enquired into by the competent authorities and the Gram Sabha in its meeting dated 25.06.2014 cancelled the earlier Resolution No.6, by which the alleged patta had been granted, and also passed Resolution No.3 recommending action against the then Sarpanch. It is further pleaded that on the complaint of defendant No.1, a revenue case bearing No.45-ब/121 for the year 2015–16 (Ghanshyam Gupta Vs. Dashrath Sahu) was registered before the Naib Tahsildar, Rajnandgaon and the matter was travelled to the Sub-Divisional Officer for appropriate decision. The Sub-Divisional Officer, by order dated 20.06.2017, upheld the resolution of the Gram Sabha cancelling the patta