Order On Board

22/08/2023

1. Petitioners have filed this writ petition seeking following reliefs:-

“10.1 The Hon'ble Court may kindly be pleased to call for the entire records pending before learned Sub-Divisional Officer(R), Pathariya, Mungeli and learned Tahsildar, Tahsil Pathariya, Mungeli in relation to the case of private respondents under Section 115 of the Code, 1959 (Annexure-P/1)

for the kind perusal of this Hon'ble Court.

10.2 The Hon'ble Court may kindly be pleased to quash/set aside the entire orders of the proceeding passed by the learned Sub-Divisional Officer(R), Pathariya, Mungeli and learned Tahsildar, Tahsil Pathariya, Mungeli along with the application filed by private respondents under Section 115 of Chhattisgarh Land Revenue Code, 1959 before Sub-Divisional Officer(R)

(Annexure P/1).

10.3 Cost of the petition may also be granted to the petitioner.

10.4 Any other relief which this Hon'ble Court deems fit and proper may also kindly be granted to the petitioner, in the interest of justice.”

2. Learned counsel for the petitioners submits that the petitioners have purchased the property bearing Khasra No.275/1ka, 275/1kha and 276 situated at PH-8 Village-Kewatadih, District- Mungeli and they are also in possession of the same. The property bearing Khasra No.275/1kha and 276 was recorded in the name of Late Surajmani Devi, grand-mother of petitioner No.1 & 3 and mother of petitioners No.4 to 7. After the demise of Late Surajmani Devi, names of the petitioners were mutated in the revenue record in the year 2007-2008. Respondent Nos.6 to 10 have filed an application under Section 115 of the Chhattisgarh Land Revenue Code, 1959 (for short 'the Code of 1959') before the Sub-Divisional Officer for correction of revenue entries. After registration of the case, the Sub-Divisional Officer forwarded the application to the Tahsildar for further inquiry and proceeding. Petitioners were issued notices. Aggrieved with the proceedings pending before the Tahsildar, the petitioners have filed this writ petition on the ground that in the garb of proceeding under Section 115 of the Code of 1959, respondents No.6 to 10 are trying to get the question of title decided, which is not within the jurisdiction of the revenue courts.

3. Learned counsel for the respondent/State opposing submissions made by counsel for the petitioners, submits that the Revenue Officer are having jurisdiction to consider application filed under Section 115 of the Code of 1959. Petitioners are noticed and they have also participated in the process. The petitioners can raise all the objections/grounds, as raised in this petition, before the authority concerned, who shall consider and pass appropriate orders in accordance with law.

4. I have heard learned counsel for the parties and perused the documents annexed with the record.

5. From the pleadings made in writ petition as also submissions of petitioners, it is appearing that the petitioners are aggrieved from filing of application under Section 115 of the Code of 1959 by the respondents No.6 to 10 before the Sub-Divisional Officer. Based on said application, a revenue case was registered by the Sub- Divisional Officer and thereafter forwarded the entire proceedings to the Court of Tahsildar for inquiry and submission of report. It is also not in dispute that the petitioners were noticed in the proceedings by the competent authority and they have also caused their appearance.

6. Undisputedly, the authority, who registered revenue case based on application of respondents No.6 to 10, is having jurisdiction to entertain said application.

7. So far as submission of counsel for petitioners that respondents No.6 to 10 by way of application under Section 115 of the Code of 1959, wanted to get decided question of title is concerned, the petitioners are at liberty to file reply/ objection to the application submitted by respondents No. 6 to 10 before the Sub-Divisional Officer or the Tahsildar as the case may be. Hence, this writ