Sushila Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

Sushila Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: (i) Tehsildar Gharghoda and SDO Gharghoda to send the record of Revenue Case No.51/A-6/95-96 forthwith to the Board of Revenue before the next date of hearing; (ii) Board of Revenue to decide the pending revision by the next date of hearing i.e. 21.05.2025 while completing the entire formalities.

Issue for consideration

Whether the Board of Revenue, C.G. should be directed to decide the petitioners' pending revision (Case No. R.N. 13/R/A-6/142/09), pending since 12.05.2009, at the earliest.

Court's answer

No plausible explanation was shown in the order-sheets for the matter remaining pending and undecided since 2009.

Ratio / Principle

The Tehsildar Gharghoda and the SDO Gharghoda are directed to send the record of Revenue Case No.51/A-6/95-96 to the Board of Revenue forthwith, before the next date of hearing.

Key takeaways

The Board of Revenue is directed to decide the pending revision by the next date of hearing, i.e. 21.05.2025, while completing the entire formalities.ratio¶28

Detailed headnote1 paragraphs

Writ Petition (WPC No. 1698 of 2025, High Court of Chhattisgarh, Bilaspur, single Bench, Justice Amitendra Kishore Prasad, order dated 03.04.2025) disposed of with directions for expeditious disposal of a revenue revision pending before the Chhattisgarh Board of Revenue since 12.05.2009 (Case No. R.N. 13/R/A-6/142/09). The Court noted from the order-sheets that the matter was last listed on 19.02.2025 but could not be heard for want of records called from the Tehsildar and SDO, Gharghoda, and that no plausible explanation for the pendency since 2009 was shown. Directing the Tehsildar Gharghoda and the SDO Gharghoda to transmit the record of Revenue Case No.51/A-6/95-96 to the Board of Revenue forthwith, the Court directed the Board of Revenue to decide the matter on the next date of hearing, i.e. 21.05.2025, completing all formalities. No statute or precedent was cited; no costs or quantum awarded.

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2025:CGHC:15729

Digitally VISHAKHA signed by BEOHAR VISHAKHA BEOHAR

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPC No. 1698 of 2025

1 - Sushila D/o Sohitram Aged About 45 Years R/o Village Gerwani, Tahsil Gharghoda, District Raigarh, (Chhattisgarh) 2 - Firtin D/o Sohitram Aged About 42 Years R/o Village Gerwani, Tahsil Gharghoda, District Raigarh, (Chhattisgarh) ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Secretary, Department Of Revenue, Mahanadi Bhawan, Mantralaya Atal Nagar, New Raipur, District Raipur (C.G.)

2 - Chhattisgarh Board Of Revenue Division Bilaspur, District Bilaspur Chhattisgarh

3 - Collector, Raigarh, District Raigarh (C.G.) 4 - Sub Divisional Officer (Revenue) Gharghoda, District Raigarh (C.G.) 5 - Dukalu S/o Dahru R/o Village Gharghoda, Tahsil Gharghoda, District Raigarh (C.G.) ... Respondents

(Cause-title taken from the Case Information System)

For Petitioner :- Mr. Atul Gavel, Advocate

For State :- Ms. Nupoor Sonker, P.L.

SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order On Board

03.04.2025

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The petitioner has filed this petition for a direction to the Board of Revenue C.G. to decide his revision pending before the Board of Revenue since 12.05.2009.

The petitioner has filed the petition seeking following reliefs:-

“i) That, the Hon'ble Court may kindly be pleased to direct the concerned Commissioner Court/respondent no. 2 to decide pending case No. R.N. 13/R/A-6/142/09 at the earliest, in the interest of justice.

(ii) Any other relief, which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be granted in favour of the petitioners.”

Learned counsel for the petitioner submits that the petitioner has filed order sheets of the proceedings of Board of Revenue, according to which, lastly on 19.02.2025, the matter was listed, however, on the said date, due to unavailability of records, the matter could not be heard and the matter was directed to be fixed on 21.05.2025.

This Court after going through the order-sheets surprises that why this matter is pending since year 2009 and it is not being decided by the Board of Revenue as no plausible explanation etc. has been shown in the order-sheet.

From perusal of the order-sheet, it seems that the matter is pending since 2009 and it is not being decided for one or another reason, as such, the Board of revenue is directed to decide this matter on the next date of hearing while completing entire

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formalities, which according to the petitioner is, to call for the records of the Tehsildar Gharghoda and the SDO Gharghoda which has not been received, as such, the matter is not being decided.

Accordingly, the Tehsildar Gharghoda as well as the SDO Gharghoda are also directed to send the record of the Revenue Case No.51/A-6/95-96 forthwith to the Board of Revenue before the next date of hearing so that the matter may be heard on that date. The Board of Revenue is directed to decide the matter by the next date of hearing i.e. 21.05.2025.

With this observation/direction, the writ petition stands disposed of.

Sd/-

(Amitendra Kishore Prasad) Judge

Vishakha