Dismissed¶29

Shailendra Kumar Bajpai (Peti. in Person) v. Smt. Shailja Dixit

Chhattisgarh HC2 Jul 2025WP227/168/2022

Case brief

AI extract

What is this about?

Maintainability dismissal: WP227 No. 168 of 2022 (Shailendra Kumar Bajpai in person v. Smt. Shailja Dixit, Gopi Bajpai, Mukul Bajpai, Smt. Manju Bajpai, Devendra Bajpai, Smt. Manju Shukla, Narendra Kumar Bajpai, Smt. Vandana Mishra, Smt. Maya Mishra and Tahsildar Belgahna), decided 03.07.2025 by Justice Rakesh Mohan Pandey; impugned Tehsildar order dated 13.07.2021 under Section 115 CGLRC held appealable under Section 44 CGLRC, so writ petition not maintainable and dismissed with liberty to pursue statutory remedy; State represented by Mr. Sanjeev Agrawal, Panel Lawyer; neutral citation 2025:CGHC:30391.

What did the court decide?

Liberty to avail the appropriate remedy available under the law; certified copy, if any, to be returned after retaining its xerox copy. ¶29

Shailendra Kumar Bajpai (Peti. in Person) Vs Smt. Shailja Dixit — Chhattisgarh HC (2025) — LawSathi Research

¶1

-1-

¶2

Digitally signed by NADIM MOHLE

¶3

2025:CGHC:30391

¶4

NAFR

¶5

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶6

WP227 No. 168 of 2022

¶7

Shailendra Kumar Bajpai (Peti. In Person) S/o Late Daya Shankar Bajpai Aged About 60 Years R/o Bhatiya Residency Mangla Bilaspur Tahsil Bilaspur, District : Bilaspur, Chhattisgarh.

¶8

... Petitioner

¶9

versus

¶10

1 - Smt. Shailja Dixit W/o Akhilesh Dixit Aged About 52 Years D/o Late Daya Shankar Bajpai R/o Government Quarter No. Aims 12 In Front Of Naveen Girls School Tulsi Nagar Bhopal Tahsil And District Bhopal, Madhya Pradesh., District : Bhopal, Madhya Pradesh

¶11

2 - Gopi Bajpai S/o Late Yogendra Bajpai Aged About 37 Years R/o 27 Kholi, Bilaspur Tahsil And District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

¶12

3 - Mukul Bajpai S/o Late Yogendra Bajpai Aged About 35 Years R/o 27 Kholi, Bilaspur Tahsil And District Bilaspur, Chhattisgarh.

¶13

4 - Smt. Manju Bajpai Wd/o Late Yogendra Bajpai Aged About 65 Years R/o 27 Kholi, Bilaspur Tahsil And District Bilaspur, Chhattisgarh.

¶14

5 - Devendra Bajpai S/o Late Daya Shankar Bajpai Aged About 70 Years R/o Ganga Nagar Sector-2, Near Shiv Mandir, Mangla Bilaspur Tahsil And District Bilaspur, Chhattisgarh.

¶15

6 - Smt. Manju Shukla W/o Late Shailendra Shukla Aged About 68 Years D/o Late Daya Shankar Bajpai, R/o In Front Of Medical Complex Telipara Bilaspur Tahsil And District Bilaspur, Chhattisgarh.

¶16

7 - Narendra Kumar Bajpai S/o Late Daya Shankar Bajpai Aged About 64 Years R/o Vidhut Nagar Durg Tahsil And District Durg, Chhattisgarh., District : Durg, Chhattisgarh

¶17

-2-

¶18

8 - Smt. Vandana Mishra W/o Umashankar Mishra Aged About 62 Years D/o Late Daya Shankar Bajpai, R/o Bus Stand Kondagaon, District Kondagaon, Chhattisgarh., District : Kondagaon, Chhattisgarh

¶19

9 - Smt. Maya Mishra W/o Late Narendra Mishra Aged About 56 Years D/o Late Daya Shankar Bajpai, R/o Radheshayam Apartment Flat No. 101, Mangla Bilaspur Tahsil And District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

¶20

10 - Tahsildar Belgahna, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ... Respondent(s)

¶21

For Petitioner : None For State : Mr. Sanjeev Agrawal, Panel Lawyer

¶22

Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

¶23

03.07.2025

¶24

1. There is no representation on behalf of the petitioner in two rounds.

¶25

1. The petitioner has challenged the order dated 13.07.2021 passed by Respondent No.10, Tehsildar, Belgahna, District Bilaspur, whereby the application filed under Section 115 of the Chhattisgarh Land Revenue Code, 1959 ( for short, CGLRC) was allowed. It is pleaded that the petitioner was not afforded an opportunity of hearing. It is also stated that since mutation order had already been passed, the subsequent application was not maintainable.

¶26

1. Learned State Counsel submits that the present writ petition is not maintainable as the petitioner has an efficacious alternative remedy to prefer appeal under Section 44 of the CGLRC against the order impugned; thus, the present writ petition deserves to be dismissed.

¶27

1. Taking into consideration the fact that the order passed by the Tehsildar is appealable under Section 44 of the CGLRC, this Court is of the opinion that the present petition is not maintainable. Accordingly, the petition is hereby dismissed .

¶28

-3-

¶29

1. However, the petitioner would be at liberty to avail the appropriate remedy available under the law.

¶30

1. Certified copy, if any, be returned after retaining its xerox copy.

¶31

Sd/-

¶32

(Rakesh Mohan Pandey) Judge

¶33

Nadim

Shailendra Kumar Bajpai (Peti. in Person) v. Smt. Shailja Dixit

Case brief

What is this about?

What did the court decide?

Shailendra Kumar Bajpai (Peti. in Person) v. Smt. Shailja Dixit

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Munni Bai Yadav Vs State of Chhattisgarh

Nirmal Chandra Sarkar (Died) Through Lrs Vs The Managing Director, Food Corporation Of India

Chandra Shekhar Sahu Vs State of Chhattisgarh

Puniram Uranw Vs Union of India

Tirath Kumar Gabel Vs State of Chhattisgarh

Vyash Narayan Kurre Vs Smt. Kala Kurre