Writ petition challenging deletion of petitioner's name as natural guardian for adult respondent under Chhattisgarh Land Revenue Code. Court held petitioner is no longer required as guardian since respondent is adult.
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WPC No. 4888 of 2023
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 4888 of 2023
1. State Of Chhattisgarh Through Secretary, Revenue Department, Mantralaya, Atal Nagar, Naya Raipur, Chhattisgarh.
2. The Tahsildar, Saja, District - Bemetara, Chhattisgarh.
3. The Sub Divisional Officer (R), Saja, District - Bemetara, Chhattisgarh.
4. The Commissioner Durg Division, Durg, District - Durg, Chhattisgarh.
5. Board Of Revenue, Chhattisgarh At Bilaspur, District - Bilaspur, Chhattisgarh.
6. Laxminkant, S/o. Jawahar Patel, Aged About 33 Years R/o. Village Kandai Tahsil Saja, District - Bemetara, Chhattisgarh. ---- Respondents
For Petitioner :- Mr. Bharat Lal Dembra, Advocate For Respondents/State :- Mr. Aditya Bhardwaj, PL For Respondent No.6 :- Mr. N.S. Dhurandhar, Advocate on caveat.
Hon’ble Shri Justice Naresh Kumar Chandravanshi Order On Board
24.11.2023
“10.1 That, the Hon’ble Court may kindly be pleased to
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WPC No. 4888 of 2023
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.”
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WPC No. 4888 of 2023
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.
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WPC No. 4888 of 2023
therefore, order impugned passed by the Board of Revenue Chhattisgarh/ Respondent No.5 is not required to be interferred.
( Naresh Kumar Chandravanshi ) Judge
Ayushi
2 issues framed by the court
Whether the name of an adult minor's natural guardian should remain in revenue records after the minor attains majority.
Whether the deletion of the petitioner's name as natural guardian from revenue records was illegal.
2 provisions across 2 enactments
Uttara Bai D/o. Jarru Patel
State Of Chhattisgarh
Laxminkant S/o. Jawahar Patel
Naresh Kumar Chandravanshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
