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HIGH COURT OF CHHATTISGARH AT BILASPUR
2026:CGHC:23376
WP227 No. 1255 of 2025
1 - Bharat Lal Bhoi S/o Late Shri Kali Ram Sainik, Aged About 75 Years, Caste Bhoi, R/o Ward No. 16, Dr. Rajendra Prasad Ward, Purana Ravan Bhata, Mahasamund, P.S. and Tehsil- Mahasamund, District- Mahasamund (C.G.)
... Petitioner
versus
1 - State of Chhattisgarh Through, Secretary, Department of Revenue and Disaster Management, Mahanadi Bhawan, Naya Raipur, India, Indira Paryavaran Bhawan, District- Raipur (C.G.)
2 - State of Chhattisgarh Through Secretary, Department of Irrigation and Water Resources, Mahanadi Bhawan, Naya Raipur, District- Raipur (C.G.)
3 - Commissioner, Raipur Division, Raipur, District- Raipur (C.G.)
4 - Collector Mahasamund, District- Mahasamund (C.G.)
5 - Sub-Divisional Officer (Revenue) and Land Acquisition Officer Mahasamund, District- Mahasamund (C.G.)
6 - Tehsildar Mahasamund, District- Mahasamund (C.G.)
7 - Executive Engineer (Kodar Project) Water Resource Division Mahasamund, District- Mahasamund (C.G.)
8 - Arjundas Vaswani S/o Late Shri Ghanshyamdas Vaswani, Aged About 59 Years, R/o Vaswani Niketan, Punjabi Colony Chowk, Katora Talab, Raipur, District- Raipur (C.G.)
9 - Neeraj Jain S/o Shri Kanti Lal Jain, Aged About 42 Years, R/o Raipur Road, Mahasamund, Ward No. 1, P.S.- Mahasamund, Tehsil and District- Mahasamund (C.G.)
10 - Assistant Engineer, Water Resource Division, Mahasamund, District Mahasamund (C.G.)
11 - Pawan Kumar Tamboli S/o Late Shri Dhaniram Tamboli, Aged About 66 Years, Barai by Caste and R/o Ward No. 14, Behind Ram Mandir, Mahasamund, P.S. & Tehsil- Mahasamund, District- Mahasamund (C.G.)
12 - Khilawan Tamboli S/o Shri Kamal Kumar Tamboli, Aged About 35 Years, Barai by Caste and R/o Ward No. 14, Behind Ram Mandir, Mahasamund, P.S. & Tehsil Mahasamund, District- Mahasamund (C.G.)
13 - Hukumchand Tamboli S/o Shri Kamal Kumar Tamboli, Aged About 32 Years, Barai by Caste and R/o Ward No. 14, Behind Ram Mandir, Mahasamund, P.S. & Tehsil- Mahasamund, District- Mahasamund (C.G.)
14 - Mukesh Tamboli S/o Shri Kamal Kumar Tamboli, Aged About 34 Years, Barai by Caste and R/o Ward No. 14, Behind Ram Mandir, Mahasamund, P.S. & Tehsil Mahasamund, District- Mahasamund (C.G.)
15 - Smt. Santosh Bai D/o Late Shri Dhaniram Tamboli, Aged About 67 Years, W/o Shri Teeju Ram Mahobia, R/o Shankar Nagar Durg, Tehsil and District- Durg (C.G.)
16 - (Deleted) Smt. Laxmi Bai (Died) Through Lrs.- As Per Hon'ble Court Order Dated 30-03-2026.
16.1 - (a) Rishi Mahobiya S/o Late Shri Jhumuk Lal Mahobiya, R/o Near Old Bus Stand, Dongargarh, District- Rajnandgaon (C.G.)
16.2 - (b) Sharda Tamboli W/o Shri Goutam Tamboli, D/o Late Shri Jhumuk Lal Mahobiya, R/o Near Old Bus Stand, Dongargarh, District- Rajnandgaon (C.G.)
16.3 - (c) Deepa Thawait W/o Shri Devendra Thawait, D/o Late Shri Jhumuk Lal Mahobiya, R/o Near Old Bus Stand, Dongargarh, District- Rajnandgaon (C.G.)
16.4 - (d) Anju Tamboli W/o Shri Akhilesh Tamboli, D/o Late Shri Jhumuk Lal Mahobiya, R/o Near Old Bus Stand, Dongargarh, District- Rajnandgaon (C.G.)
16.5 - (e) Seema Mahobiya W/o Shri Ashok Mahobiya, D/o Late Shri Jhumuk Lal Mahobiya, R/o Near Old Bus Stand, Dongargarh, District- Rajnandgaon (C.G.)
16.6 - (f) Mamta Mahobiya W/o Shri Ramkumar Mahobiya, D/o Late Shri Jhumuk Lal Mahobiya, R/o Near Old Bus Stand, Dongargarh, District- Rajnandgaon (C.G.)
16.7 - (g) Chhaya Pansari W/o Shri Tarachand Pansari, D/o Late Shri Jhumuk Lal Mahobiya, R/o Near Old Bus Stand, Dongargarh, District- Rajnandgaon (C.G.)
17 - Shilpa Tamboli W/o Shri Shailiendra Kumar Tamboli, Aged About 25 Years, R/o Barej Patti, Post- Lanji, District- Balaghat (M.P.) (Legal Heir of Earlier Respondent Namely Smt. Purnima Bai).
18 - Kamal Kumar Tamboli S/o Late Shri Dhaniram Tamboli, Aged About 66 Years, R/o Ward No. 14, Behind Ram Mandir, Mahasamund, Tehsil and District Mahasamund (C.G.)
19 - Hasan Mehendi Kamdar S/o Shri Sultan Ali, R/o Baijnath Para, Raipur, Tehsil and District- Raipur (C.G.)
20 - Murtaza Kamdar S/o Mohd. Mehendi Kamdar, R/o Baijnath Para, Raipur, Tehsil and District- Raipur (C.G.)
21 - Masoom Raza S/o Shri Gulaam Hussain, R/o Ward No. 13, Mahasamund, Tehsil and District- Mahasamund (C.G.)
22 - Sukhlal S/o Shri Mannu Lal Sahu, R/o Shankar Nagar, Mahasamund, Tehsil and District- Mahasamund (C.G.)
23 - Rahul Chandrakar S/o Jhalaram Chandrakar, R/o Ward No. 23, Imlibhata, Mahasamund, Tehsil and District- Mahasamund (C.G.)
... Respondents
For Petitioner : Mr. Surfaraj Khan, Advocate.
For State/Respondents No. 1 to 7 and 10 : Mr. Ghanshyam Kashyap, Deputy Govt. Advocate.
For Respondent No.8 : Mr. A.N. Bhakta and Mr. Vivek Bhakta, Advocates.
For Respondents No.11 to 15, 17 and 18 : Mr. Manoj Kumar Dubey, Advocate.
Hon'ble Shri Justice Ravindra Kumar Agrawal, J.
Reserved for orders on :01-05-2026
Order passed on : 15-05-2026
(Cause title taken from Case Information System)
C A V Order
1. The petitioner has instituted the present writ petition under Article 227 of the Constitution of India assailing the legality, validity and propriety of the order dated 06.10.2025 passed by the Chhattisgarh Board of Revenue, Bilaspur (Circuit Bench at Raipur) in Revenue Revision Case No. RN/12/R/A-6/240/2015. By the impugned order, the Board of Revenue has set aside the order dated 09.06.2025 passed by the Tahsildar, Mahasamund and has directed mutation of the name of respondent No. 8 in the revenue records pertaining to land bearing Khasra No. 532/1, admeasuring 0.336 hectare, situated at Village Mahasamund, P.H. No. 89/42, Tahsil and District Mahasamund. Aggrieved by the aforesaid order, the petitioner has approached this Court invoking its supervisory jurisdiction under Article 227 of the Constitution of India and has sought the following reliefs in the writ petition:–
“10.1 That, this Hon'ble Court may kindly be pleased to issue a Suitable Writ (s), Order (s), Direction (S), by quashing the impugned order dated 06.10.2025 (Annexure P-1) passed in Revision Case No. RN/12/R/A-6/240/2025, by the Court of learned Board of Revenue, Bilaspur (Bench- Raipur) and further commanding the respondent authorities to comply with the personal affidavit of secretary, Government of Chhattisgarh (Annexure P-19) and the judgment passed by Hon'ble Supreme Court of India in Jagpal Singh's case (above mentioned) and in furtherance of circular (Annexure P-13), the land reserved for canal (as per the award, Annexure P-4) and its connected may kindly be restored by the respondent authorities and further illegal transfer thereon upon the subject land (Annexure P-10) may immediately be prevented by the respondent authorities, within time frame.
10.2 That, this Hon’ble Court may kindly be pleased to call the entire records from the courts below for its kind perusal.
10.3 Any other relief, which may be suitable in the facts and circumstances of the case, may also be granted.”
2. The brief facts of the case are that the petitioner is the recorded owner and in possession of land bearing Khasra No. 532/2, admeasuring 0.336 hectare, situated at Village Mahasamund, P.H. No. 89/42, Tahsil and District Mahasamund, which is adjoining the land bearing Khasra No. 532/1, admeasuring 0.336 hectare. According to the petitioner, respondent No. 8, with an intention to encroach upon and unlawfully claim the petitioner’s land, has been making persistent efforts to project the petitioner’s land as forming part of the land belonging to respondent No. 8. It is also the case of the petitioner that the original owner of the larger parcel of land bearing Khasra No. 532 was one Tularam Chandrakar. In the year 1955, the petitioner’s grandfather, late Buddhuram Bhoi, purchased a portion of the said land from Tularam Chandrakar, while the remaining portion was sold to one Nohar Satnami. Thereafter, in the year 1975, Nohar Satnami transferred the land bearing Khasra No. 532/1 in favour of Devsingh, Bittan and Kamal Kumar Tamboli. The petitioner contends that the title and possession of the respective portions of land have thereafter continued in accordance with the aforesaid transactions and that respondent No. 8 is now attempting to create a dispute with regard to the identity and ownership of the petitioner’s land.
3. It is the further case of the petitioner that land bearing Khasra No. 532/1, admeasuring 0.336 hectare, situated at Village Mahasamund, was acquired by the Land Acquisition Officer, Mahasamund, for the Irrigation/Water Resources Department of the erstwhile State of Madhya Pradesh in Revenue Case No. 12-A/82/90/91. An award in respect of the said acquisition was passed on 04.07.1991, pursuant to which compensation amounting to Rs. 18,555/- was disbursed to Devsingh, Biranbai and Kamal Kumar Tamboli. According to the petitioner, despite the aforesaid acquisition and vesting of the land in
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