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2026 Supreme(Online)(Chh) 11390

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ravindra Kumar Agrawal, J
Bandhu Korwa – Appellant
Versus
State Of Chhattisgarh – Respondent
WPC No. 2384 of 2016

Advocates:
For the Appellants/Petitioners: Ashok Kumar Shukla, Anusha Pathak
For the Respondents: Arvind Dubey, Manoj Paranjpe, Sandeep Patel, Priyanshu Ojha

An appellate authority must decide threshold issues of limitation (via condonation of delay) and abatement (via substitution of legal representatives) through reasoned, speaking orders before proceeding to adjudicate the merits of an appeal.

Headnote:(A) Chhattisgarh Land Revenue Code, 1959 - Section 170-B - Protection of land belonging to tribal members - Applicability of Code of Civil Procedure, 1908 - Order 22 Rules 1, 3, 4 and 11 - Abatement of proceedings upon death of parties during pendency of appeal - Necessity of substitution of legal representatives. (Paras 16, 28-30)

(B) Limitation Act, 1963 - Section 5 - Condonation of delay - Appellate authority is duty-bound to first adjudicate upon the application for condonation of delay by a reasoned and speaking order before proceeding to hear the appeal on merits - Failure to do so renders proceedings unsustainable in law. (Paras 23, 26)

Facts of the case:
The litigation originated from proceedings under the Land Revenue Code regarding land belonging to a tribal member, where compensation was awarded in lieu of restoration. After subsequent challenges before the Board of Revenue and the High Court, the petitioner filed appeals before the appellate authority after a substantial lapse of time. During the pendency of these appeals, the original parties died, and no application for substitution of legal representatives was filed within the statutory period.

Findings of Court:
The appellate authority failed to address the threshold issues of limitation and abatement. Deciding an appeal on merits without first condoning a substantial delay or addressing the abatement caused by the death of parties amounts to procedural irregularity and invalidates the adjudication.

Issues: Whether an appellate authority can decide an appeal on merits without first adjudicating upon a pending application for condonation of delay and whether the death of parties necessitates substitution of legal representatives in revenue proceedings.

Ratio Decidendi: Threshold questions of limitation and abatement go to the root of the jurisdiction and maintainability of an appeal. The appellate authority is mandated to pass a reasoned order condoning the delay and resolving the issue of abatement (where the right to sue survives) prior to entertaining the appeal on merits, as the provisions of the Civil Procedure Code apply to revenue proceedings where not specifically excluded.

Result: Writ petition allowed. Impugned orders set aside and matter remitted to the appellate authority for de novo consideration of the limitation and abatement issues.

Table of Content
1. historical context and procedural history of property disputes. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. petitioner asserts protective nature of land revenue code. (Para 7 , 8 , 9 , 10 , 11)
3. respondent challenges maintainability regarding limitation and abatement. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18)
4. court acknowledges procedural lapses in lower revenue proceedings. (Para 19 , 20 , 21 , 22)
5. limitation application must be decided before merits. (Para 23 , 24 , 25 , 26)
6. mandatory substitution of legal heirs in stalled litigation. (Para 27 , 28 , 29 , 30 , 31 , 32)
7. remand for adjudication of preliminary procedural bars. (Para 33 , 34 , 35 , 36 , 37)

Hon'ble Shri Ravindra Kumar Agrawal, Judge

C.A.V. Order

1. The present writ petition under Article 226/227 of the Constitution of India has been filed by the petitioner against the impugned order dated 24.08.2016, passed by the Additional Commissioner, Surguja Division, Ambikapur in Revision Case No. 33/A-23/2015-16, whereby the revision filed by the respondents No. 5 to 8 has been allowed and the order passed by the Collector, Balrampur, dated 06.04.2016 in Revenue Case No. 25/A-23/2014-15 has been set aside.

2. Brief facts of the case are that the petitioner belongs to a scheduled tribe (Pahadi Korwa). The subject land of 3.45 acres has 9 different Khasra numbers and was initially settled in the name of Dhindhra Korwa, and after his death, it was settled in the name of Bifani Korwa in the revenue records of the subject land. A report was submitted by the concerned Halka Patwari to the Sub-Divisional Officer (Revenue), Ramanujganj (in short ‘SDO’), where the land is recorded in the name of Jeetu Khairwar, but it is in possession of Mundrika Choubey, who is the non-aboriginal tribe. The SDO has passed its order on 30.12.1988, and except for the land of Khasra No. 418/1, the transfer of other lands was held genuine and ordered to keep the record as it is. On the land of Khasra No. 418/1, area 0.061 hectare, the house of Mundrika Choubey was constructed, and therefore, the value of the land, i.e. Rs. 1200/-, was ordered to be paid to Bifani Korwa and ordered the mutation of the name of Mundrika Choubey in the revenue records of the said land. It was also the condition that if Mundrika Choubey failed to pay the value of the land to Bifani Korwa, the land would be reverted to Bifani Korwa. In the year 1994-95, the concerned Halka patwari again made a report to the SDO under sections 170-A and 170-B of the M.P. Land Revenue Code that the land of Khasra No. 427, area 0.151 hectare, which was recorded in the name of Dhindhra Korwa, is presently recorded in the name of Jeetu Khairwar, but it is in possession of Mundrika Choubey. The Revenue Case No. 43/A-23/1994-95 was registered by the SDO and since the house of Mundrika Choubey was found to be constructed prior to 1984, the SDO vide its order dated 07.09.1994 fixed the compensation of Rs. 7550/- invoking the powers under section 170-B(3) and ordered to pay the amount of compensation to Bifani Korwa within six months, failing which the land shall be reverted to Bifani Korwa.

3. On 21.09.2001, Bifani Korwa has made a complaint to Collector, Surguja and then Collector, Surguja registered the suo motu Revenue Case No. 156/A-19/2001-02 and 157/A-19/2001-02 and issued show cause notice to Mundrika Choubey on 17.05.2002. Against the issuance of a show cause notice, Mundrika Choubey approached the Chhattisgarh Board of Revenue, Bilaspur (in short ‘Board of Revenue’) by filing revision Nos. 165/A-19/2004-05 and 166/A-19/2004-05. After hearing the parties, the Board of Revenue, vide its order dated 11.01.2007, quashed the show cause notice issued by the Collector and the orders passed by the SDO dated 30.12.1988 and 07.09.1994 were affirmed. Against the order dated 11.01.2007, passed by the Board of Revenue, Bifani Korwa filed WPC Nos. 2184 of 2007 and 2185 of 2007, which were withdrawn by Bifani Korwa on 30.01.20

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2026 Supreme(Online)(Chh) 11390

IN THE HIGH COURT OF CHHATTISGARH AT BILASPURRavindra Kumar Agrawal, JBandhu Korwa – AppellantVersusState Of Chhattisgarh – RespondentWPC No. 2384 of 2016

An appellate authority must decide threshold issues of limitation (via condonation of delay) and abatement (via substitution of legal representatives) through reasoned, speaking orders before proceeding to adjudicate the merits of an appeal.

Cases Referred (4)

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ravindra Kumar Agrawal, J
Bandhu Korwa – Appellant
Versus
State Of Chhattisgarh – Respondent
WPC No. 2384 of 2016