Ishwari Yadav v. State of Chhattisgarh

Chhattisgarh HC16 Apr 2025WPC/1613/2025

Case brief

AI extract

What is this about?

WPC No. 1613 of 2025; High Court of Chhattisgarh at Bilaspur; decided 17/04/2025 by Justice Amitendra Kishore Prasad; petitioners Ishwari Yadav, Sawant Yadav, Phuleshwari Devi v. State of Chhattisgarh, Collector Durg, Commissioner Durg, Chhattisgarh Board of Revenue; subject: permission to sell land at Village Borsi, Tehsil Dhamdha, District Durg; impugned Revenue Board order dated 06.12.2022; earlier Board order dated 13.11.2017; related writ WPC No. 1096/2020; petition withdrawn with liberty to file appropriate appeal before Board of Revenue; disposed of, not reported (NAFR); no statutes or precedents cited.

What did the court decide?

Liberty to withdraw the writ petition and file an appropriate appeal before the Board of Revenue, with the expectation that the Board consider the appeal in accordance with law. ¶¶32

Ishwari Yadav Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

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2025:CGHC:17703

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Digitally signed by RAGHVENDRA JAT

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 1613 of 2025

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1 - Ishwari Yadav S/o Late Shri Punau Yadav Aged About 67 Years R/o Village- Borsi, Tehsil- Dhamdha, District- Durg (C.G.).

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2 - Sawant Yadav S/o Late Shri Punau Yadav Aged About 57 Years R/o Village- Borsi, Tehsil- Dhamdha, District- Durg (C.G.).

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3 - Phuleshwari Devi W/o Late Shri Punau Yadav Aged About 84 Years R/o Village- Borsi, Tehsil- Dhamdha, District- Durg (C.G.).

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through Revenue Department, Mahanadi Bhawan, Naya Raipur, District - Raipur (C.G.).

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2 - The Collector, Durg, District- Durg (C.G.).

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3 - The Commissioner, Durg, District- Durg (C.G.).

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4 - The Chhattisgarh Board Of Revenue, Through Its Chairman, Bilaspur, District- Bilaspur (C.G.).

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... Respondent(s)

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For Petitioner(s) : Mr. Dhirendra Prasad Mishra, Advocate. For Respondent(s)/State : Mr. Shreyansh Mehta, Panel Lawyer.

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Hon’ble Mr. Justice Amitendra Kishore Prasad

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Order on Board

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17/04/2025

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By way of this petition, the petitioner has prayed for following reliefs:-

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“10.1) That, this Hon'ble Court may kindly be pleased to call the entire records pertaining to the case of the petitioners.

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10.2) That, this Hon'ble Court may kindly be pleased to Quash/Set-aside the impugned order dated 06.12.2022 (Annexure P/1) passed by the Revenue Board Bilaspur, District Bilaspur (C.G.).

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10.3) That, this Hon'ble Court may kindly be pleased to issue an appropriate writ whereby directing the Respondent No. 2, i.e., The Collector Durg. District Durg (C.G.) to comply with the order dated 13.11.2017 passed by its appellate/higher authority i.e., Revenue Board Bilaspur, District -Bilaspur (C.G.) for getting permission to sale the land in question.

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10.4) That, this Hon'ble Court may kindly be pleased to pass any other relief in favor of the petitioners as it deems fit in the facts and circumstances of the present case.”

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Learned counsel for the petitioner after arguing for some time submits that he may be allowed to withdraw this petition with liberty to file an appropriate appeal as directed by this Court in WPC No. 1096/2020 and in turn he prays that the Board of Revenue may kindly be directed to consider his appeal and decide the same in accordance with law.

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Learned State counsel submits that in view of limited prayed made by learned counsel for petitioner, he is having no objection.

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

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It is expected from the Board of Revenue that if the appeal is not filed in appropriate form instead of passing such an order the Board of Revenue should have directed the concerned Appellant or the concerned Advocate to file appropriate appeal.

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With this observation, the writ petition stands disposed of.

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Sd/-

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(Amitendra Kishore Prasad) Judge

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Raghu Jat

Ishwari Yadav v. State of Chhattisgarh

Case brief

What is this about?

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Ishwari Yadav v. State of Chhattisgarh

Case brief

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