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2026:CGHC:13601 NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPC No. 1227 of 2026 Mo. Sadiq S/o Mustaqeen Aged About 72 Years R/o Village Kanakpur, Tehsil

Ramanujganj District- Balrampur- Ramanujganj (C.G.)

... Petitioner.

Versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue Digitally signed by Mahanadi Bhawan, Raipur, District- Raipur (C.G.)

AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH 2 - Commissioner, Surguja, Ambikapur District- Surguja (C.G.)

COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, 3 - Collector, Surajpur District- Surajpur (C.G.)

c=IN Date: 2026.03.24 12:47:56 +0530

4 - Sdo (R), Ramanujganj District- Balrampur- Ramanujganj (C.G.)

... Respondents.

(cause title downloaded from CIS Periphery)

For Petitioner : Mr. Shakti Raj Sinha, Advocate.

For Res No.1 to 4/State : Mr. Shobhit Mishra, Govt. Advocate.

( Hon’ble Shri Justice Naresh Kumar Chandravanshi )

Order on Board

23/03/2026

1. This Writ Petition under Article 226 of the Constitution of India has been

filed for the followings reliefs:-

"(i) That, this Hon'ble Court may kindly be pleased to set aside the impugned order dated 24.04.2025 (ANNEXURE P/1) passed by the Commissioner, Surguja Division, Ambikapur (C.G.) in Revenue Case No. 201806960200009/ A-6A/2017-18 and the order dated 28.02.2018 (ANNEXURE P/3) passed by the SDO (R), Ramanujganj in Revenue Case

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No. 02/A-6A/2014-15 and order dated 31.03.2012 passed in revenue appeal case no. 29A-6A/2010-2011 (ANNEXURE

P/5);

(ii) That, this Hon'ble Court may kindly be pleased to restore the order dated 31.01.2011 passed by the Tehsildar, Ramanujganj, in Revenue Case No. 7A-6A/2009-10,

rectifying the revenue entry in favour of the petitioner;

(iii) That any other order/ relief which this Hon'ble Court may deem fit, proper, and just in the facts and circumstances of the present case may also kindly be awarded to the

petitioner in the ends of justice."

2. Learned counsel for the petitioner submits that the petitioner is the rightful

owner and occupant of land bearing Khasra Nos. 493 and 528, admeasuring 0.097 and 0.028 hectares, respectively, situated at Village Kanakpur, Tahsil Ramanujganj, District Balrampur-Ramanujganj (CG). The land was earlier recorded in the name of the petitioner’s grandfather, late Amir Miyan. During the Surguja State Survey Settlement proceedings, the name of one Tetri Bai, W/o Dilu (both died), was wrongly recorded in respect of the petitioner’s Khasra numbers. Therefore, the petitioner filed Revenue Case No. 7A-6A/2009-10 before the Tahsildar, Ramanujganj, for the rectification of the erroneous entry. The same was allowed vide order dated 31.01.2011, wherein the Tahsildar directed for the rectification of the record. However, an appeal was preferred against the said order by late Tetri Bai (Revenue Appeal Case No. 29A-6A/2010-11). The learned SDO (Revenue), Ramanujganj, vide order dated 31.03.2012 (Annexure-P/5), allowed the appeal and set aside the Tahsildar’s order solely on the ground that the B-1 record of 1990-91 contains the names of both parties (Mo. Sadiq and Tetri) and that the order was passed without a proper enquiry into this fact.

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Counsel further submits that against the said order, the petitioner filed a review case (Case No. 02A-6A/2014-15) before the SDO (Revenue), Ramanujganj which was dismissed on 28.02.2018 (Annexure-P/3). Aggrieved by this, the petitioner preferred a revision before the Commissioner, Surguja Division (Case No. 201806960200009/A-6 A/2017- 18), however, vide order dated 24.04.2025 (Annexure-P/1), the revision was

also dismissed.

3. In view of these facts, counsel for the petitioner submits that if there was any

error by the Tahsildar regarding the B-1 entry of 1990-91, the SDO (Revenue) should have inquired into the issue or taken additional evidence as per Section 49(3) of the CG Land Revenue Code, 1959 (hereinafter referred to as the "Code 1959") but instead thereof, the SDO(Revenue) outrightly set aside the order date