Order On Board

24.11.2023

1. Heard on admission.

2. This petition has been preferred by the petitioner seeking following reliefs:-

“10.1 That, the Hon’ble Court may kindly be pleased to issue a writ or direction, set-aside the order dated 10.10.2023 passed by the respondent no.5 and consequently orders passed by the respondent No.4 and 2 also after calling from the records pertains to petitioner’s case.

10.2 That, the Hon’ble Court may further be pleased to restore the order dated 17.5.2023 passed by the respondent No.3 as the same is based upon sound principles of law and well reasoned order.

10.3 That, the Hon’ble Court may further be pleased to direct the parties to maintain status quo with regard to possession over the suit land in question till final disposal of the case.

10.4 Any other relief which this Hon’ble Court may deems fit and proper looking to the facts and circumstances of the case may also be awarded to the petitioner including the cost and expenses of this petition. An affidavit in support of this petition is filed herewith.”

3. Learned counsel for the petitioner would submit that respondent No.6 is son of brother of petitioner and therefore, the name of petitioner was entered in the revenue record having title as natural gaurdian (wali) of repondent No.6. Respondent No.6 has filed an application under Sections 109 and 110 of the Chhattisgarh Land Revenue Code, 1959 before the Tahsildar, Saja, District Bemetara (C.G.) for deleting the name of petitioner on the ground that now he (respondent no.6) has become adult, therefore, name of petitioner recorded as natural gaurdian (wali) be deleted from the revenue record. He would further submit that the Tahsildar/ respondent No.2 allowed the application of respondent No.6 vide order dated 19.8.2021 (Annexure P/2) for deleting the name of petitioner. Thereafter, an appeal was preferred by the petitioner before the SDO (Revenue), Saja, District Bemetara (C.G.) and the same was allowed vide order dated 17.5.2023 (Annexure P/3) and the order passed by the Tahsildar was set-aside. Subsequently, respondent No.6 preferred a second appeal before the Commissioner, Durg / respondent No.4 and the same was allowed vide order dated 24.8.2023 (Annexure P/4) and the order passed by First Appellate Authority/ SDO (Revenue) was rejected. Against which petitioner preferred a revision before the Board of Revenue Chhattisgarh / Respondent No.5 which was dismissed vide order dated 10.10.2023 (Annexure P/1). He would also submit that civil suit with regard to subject land is also pending, therefore, the Revenue Court ought to have not acted upon for deleting the name of petitioner as natural gaurdian (wali) of respondent No.6. Hence, this petiton.

4. Mr. N.S. Dhurandhar, learned counsel appearing for respondent No.6 on caveat would submit that since respondent No.6 has attained majority and is aged about 33 years, he has become competent to know his well being and therefore, order impugned passed by the Board of Revenue Chhattisgarh/ Respondent No.5 is not required to be interferred.

5. I have heard learned counsel for both the parties and perused the material available on record.

6. Having considered the facts and circumstances of the case as has been putforth by both the parties; particularly considering the fact that respondent No.6 has attained majority and he is competent enough to think his betterment and well beings, hence, there is no requirement to put name of petitioner as natural guardian (wali) of respondent No.6 in revenue records, therefore, upholding the order passed by the Tahsildar, Saja, District Bemetara (C.G)/ Respondent No.2 by the Commissioner and the Chhattisgarh Board of Revenue cannot be said illegal in any count, therefore, I do not feel inclined to interfere in the impugned order in exercise of jurisdiction under Article 226 of the Constitution of India and the instant writ petition is hereby dismissed.

7. Accordingly, with the aforesaid observations, the present writ p