Disposed¶27

Chetan Kumar Jaiswal v. Kisanlaal

Chhattisgarh HC1 Sept 2025WPC/5065/2024

Case brief

AI extract

What is this about?

Chhattisgarh High Court, WPC No. 5065 of 2024, decided 02/09/2025 (Arvind Kumar Verma, J.). Title dispute between real brothers over land Khasra No.508 and 510/11, Village Jagdalla, Patwari Halka No.02, Tahsil Champa, District Janjgir-Champa; mutation in petitioner's favour on mutual agreement dated 10.09.2005 (consideration Rs.61,000); successive orders of Tahsildar (18.10.2005), S.D.O (05.03.2016), Commissioner Bilaspur Division (22.08.2022) and Board of Revenue (impugned order 05.09.2024); writ petition disposed of on the ground that right and title over property can only be decided by a competent Civil Court, with liberty to file a civil suit. No statute or precedent cited in the judgment text.

What did the court decide?

Liberty to the petitioner to file a civil suit before the competent Civil Court, if he is so advised. ¶27

Chetan Kumar Jaiswal Vs Kisanlaal — Chhattisgarh HC (2025) — LawSathi Research

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Digitally signed by GOPAL SINGH Date: 2025.09.04 18:13:01 +0530

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2025:CGHC:44682

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 5065 of 2024

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1 - Chetan Kumar Jaiswal S/o Lt. Shri Sudarshan Lal Jaiswal, Aged About 61 Years Posted As Secretary Krishi Upaj Mandi Samiti, Sarangarh, District-Sarangarh-Bilaigarh, Permanent R/o Seoni Champa District-Janjgir-Champa, Chhattisgarh.

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... Petitioner

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versus

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1 - Kisanlaal S/o Lt. Shri Sudarshan Lal Jaiswal, R/o Seoni Champa, District- JanjgirChampa, Chhattisgarh. Present Address- Katghora (Jail Road Mohline Bhanta), Tehsil Katghora, District-Korba (C.G.)

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2 - Board Of Revenue, Chhattisgarh Through Its Presiding Officer, Bilaspur (C.G.)

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		... Respondents
For Petitioner	:	Shri Shivang Dubey, Advocate
For Respondent No.1	:	Shri Ajay Kumar Dwivedi, Advocate
For State/Respondent No.2	:	Shri Soumitra Kesharwani, Panel Lawyer

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Hon’ble Shri Justice Arvind Kumar Verma

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Order on Board

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02/09/2025

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1. Case of the petitioner, as projected in the instant petition, is that the petitioner and respondent No.1 belong to the same family. They are real brothers related to each other by blood.

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The petitioner had filed an application before Tahsildar stating that the lands bearing Khasra No.508 and 510/11 area 0.98 and 0.07 acres, respectively are recorded in joint names of the petitioner and respondent No.1. The petitioner and respondent No.1 executed a mutual agreement on 10.09.2005, whereby respondent No.1, after receiving consideration of Rs.61,000, has given up his right and title over the subject land in favour of the petitioner. The Tahsildar, on the basis of aforesaid mutual agreement dated 10.09.2005, recorded the name of the petitioner in the revenue record vide order dated 18.10.2005. Thereafter, Respondent No.1 moved an appeal against the order of the Tahsildar before the Sub Divisional Officer in the year 2015. The said appeal was preferred after an unexplained inordinate delay of 10 years. The S.D.O vide order dated 05.03.2016 allowed the appeal filed by respondent No.1 without giving proper opportunity of hearing to the petitioner. The petitioner being aggrieved by the order of the S.D.O. preferred an appeal before the Commissioner, Bilaspur Division, Bilaspur (C.G). The Commissioner, vide order dated 22.08.2022, allowed the appeal and set aside the order of the S.D.O. Respondent No.1 preferred a revision against the order of the Commissioner, which was allowed by the Board of Revenue vide impugned order dated 05.09.2024.

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2. The petitioner has sought following reliefs in this petition:

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“10.1 It is therefore prayed that this Hon'ble Court may kindly be pleased quash order dated 05.09.2024 passed

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by the Learned Board of Revenue, Chhattisgarh Bilaspur (C.G) and confirm the order of Tehsildar Champa, Village Jagdalla dated 18.10.2005.

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10.2 Any other relief which this Hon'ble Court may deem fit.

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10.3 Cost of the petition.”

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3. I have heard learned counsel appearing for the parties and perused the material available with utmost circumspection.

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4. This Court finds that there is a dispute between the petitioner and respondent No.1 with regard to title over the land bearing Khasra No.508 area 0.98 acre and Khasra No.510/11 area 0.07 acre, total area 1.05 acres, situated at Village Jagdalla, Patwari Halka No.02, Tahsil Champa, District Janjgir – Champa (C.G.).

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5. Right and title of a person over a property can only be decided by competent Civil Court. Therefore, there is no good ground to entertain the instant petition. The petition is disposed of with a liberty to the petitioner to file a civil suit before the competent Civil Court, if he is so advised.

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Sd/-

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( Arvind Kumar Verma )

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JUDGE

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Gopal

Chetan Kumar Jaiswal v. Kisanlaal

Case brief

What is this about?

What did the court decide?

Chetan Kumar Jaiswal v. Kisanlaal

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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