Digitally signed YOGESH by YOGESH TIWARI TIWARI Date: 2026.04.02

2026:CGHC:15026 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2241 of 2020 Lakhan Bihari Patel S/o Late Shri Amrit Lal Patel Aged About 46 Years Occupation- Service, Assistant Teacher (LB) R/o Village- Kumhari, Thana And Tahsil- Basna, Civil And Revenue Distt.- Mahasamund, Chhattisgarh ... Petitioner versus

1 - State of Chhattisgarh Through- The Secretary Revenue Department, Mantralaya Mahanadi Bhawan, Capital Complex New Raipur, Distt.

Raipur, Chhattisgarh

2 - Collector Mahasamund Distt.- Mahasamund, Chhattisgarh

3 - Sub Divisional Officer (Revenue) Saraypali, Distt.- Mahasamund, Chhattisgarh

4 - Kailash Chandra Patel S/o Late Shri Amrit Lal Patel Aged About 49 Years R/o Village- Kumhari, Post - Singhanpuri, Thana And Tahsil-

Basna, Civil And Revenue Distt.- Mahasamund, Chhattisgarh

5 - Premlal S/o Shri Vasudeo Aged About 45 Years By Caste Dhobi, R/o Village- Gaurtek, Thana And Tahsil- Basna, Civil And Revenue Distt.-

Mahasamund, Chhattisgarh ... Respondents (Cause-title taken from Case Information System)

For Petitioner : Mr. Sunil Sahu, Advocate For State/Respondents : Mr. Dilmanrati Minj, Dy. Advocate General No.1 to 3 For Respondent No.4 : Mr. H.S. Patel and Mr. Chetan Singh Chauhan, Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge

Order on Board

01.04.2026

1. By filing the present writ petition, the petitioner assails the order dated 13.08.2020 (Annexure P-1) passed by the Sub Divisional Officer, (Revenue), Saraypali, District Mahasamund, Chhattisgarh (Respondent No. 3) in Revenue Case No.37B-121/Year 2017-18 pertaining to Village Kumhari, Tahsil Basna, whereby the said authority has exceeded its jurisdiction not only in adjudicating upon the validity and genuineness of the disability certificate issued by the competent District Medical Board, Mahasamund, but also in making recommendations for initiating criminal action against the petitioner, despite lacking any expertise or authority in medical matters. The petitioner has filed this writ petition with the following relief(s):-

“10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ by quashing the impugned order dated 13.08.2020 (Annexure P-1).

10.2 That this Hon'ble Court may kindly be please to call for the records from the Court of Sub Divisional officer Revenue for kind perusal of this Hon'ble Court.

10.3 That this Hon'ble Court may kindly be please to direct the respondent No. 3 to return the petitioner original certificate.

10.4 Any other relief which this Hon'ble Court may deem fit and proper may also be passed in favour of the petitioner.”

2. Brief facts of the case are that the petitioner, who was suffering from hearing impairment, appeared before the Medical Board on 10.08.2010 for assessment, and upon due examination was found to have 45.4% conductive hearing loss, pursuant to which a disability certificate was issued in his favour (Annexure P-2). On the basis of the said certificate, the petitioner applied for the post of Shiksha Karmi Grade III and, after undergoing due selection process, was duly selected and has been working on the said post since the year 2010.

3. It is further case of the petitioner that a dispute arose between the petitioner and his brother (Respondent No. 4) regarding partition of land, and since the petitioner’s mother resides with him, Respondent No. 4, being aggrieved, submitted a complaint dated 12.12.2017 before the Collector alleging that the petitioner had obtained a forged disability certificate (Annexure P-3). On the said complaint, Respondent No. 2 directed Respondent No. 3 to conduct an inquiry, whereupon Revenue Case No. 37/2017-18 was registered on 27.01.2018, notices were issued to the parties, and replies were filed by the petitioner as well as Respondent No.5 (Annexure P-4).

4. During the course of inquiry, Respondent No. 5 alleged misuse of documents by the petitioner, though the certificate in question had been issued by the Medical B