Kaushilya Bai And Ors. Vs Shri Ajay Pal Singh And Ors.

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1

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2026:CGHC:25365

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 1576 of 2013

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1 - Kaushilya Bai And Ors. W/o Late Panchram, Aged About 51 Years R/o Village Araibandh, Th. Takhatpur, Distt. Bilaspur C.G. Present Address Bhartiya Nagar, Near Raja Masjid, Ps Civil Line, Bilaspur C.G., Chhattisgarh

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2 - Ubarandas S/o Late Panchram Minor, Through Guardian/mother Kaushilya Bai W/o Late Panchram, R/o Village Araibandh, Th. Takhatpur, Distt. Bilaspur C.G. Present Address Bhatiya Nagar, Near Raja Masjid, Bilaspur C.G., District : Bilaspur, Chhattisgarh

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Digitally signed by AMARDEEP AMARDEEP CHOUBEY CHOUBEY Date: 2026.06.22 17:34:01 +0530

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3 - Aswantin D/o Late Panchram Aged About 17 Years Minor, Through Guardian/mother Kaushilya Bai W/o Late Panchram, R/o Village Araibandh, Th. Takhatpur, Distt. Bilaspur C.G. Present Address Bhatiya Nagar, Near Raja Masjid, Bilaspur C.G., District : Bilaspur, Chhattisgarh

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4 - Ku. Shailash D/o Late Panchram Aged About 16 Years Minor, Through Guardian/mother Kaushilya Bai W/o Late Panchram, R/o Village Araibandh, Th. Takhatpur, Distt. Bilaspur C.G. Present Address Bhatiya Nagar, Near Raja Masjid, Bilaspur C.G., District : Bilaspur, Chhattisgarh ... Petitioners

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versus

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1 - Shri Ajay Pal Singh And Ors. S/o President, Board Of Revenue C.G., Thana Civil Line, Post Office Bilaspur, Revenue And Civil Distt. Bilaspur C.G. Pin Code 495001, Chhattisgarh

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2

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2 - State Of C.G. Through Secretary, Department Of Revenue, New Raipur Mantralaya, Thana New Raipur, Post Office Raipur, Revenue And Civil Distt. Raipur C.G., District : Raipur, Chhattisgarh

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3 - The Additional Commissioner, Bilaspur Division, Thana Civil Line, Post Office Bilaspur, Revenue And Civil Dist. Bilaspur C.G. Pin Code No 495001, District : Bilaspur, Chhattisgarh

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4 - Shri S.P. Banjre Tahsildar, Takhatpur, Thana Takhatpur, Post Office Takhatpur, Revenue And Civil Dist. Bilaspur C.G. Pin 495001, District : Bilaspur, Chhattisgarh

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5 - The Collector, Bilaspur, Thana Civil Line, Post Office Bilaspur Revenue And Civil Distt. Bilaspur C.G., District : Bilaspur, Chhattisgarh

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6 - Shailesh Kumar S/o Shri Taran Das Through Guardian/mother Smt. Meena Kumari W/o Shri Taran Das, R/o Village Araibandh, Thana Takhatpur, Post Office Takhatpur, Revenue And Civil Distt. Bilaspur C.G. Pin 495001, District : Bilaspur, Chhattisgarh

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7 - Aman Kumar S/o Shri Taran Das Through Guardian/mother Smt. Meena Kumari W/o Shri Taran Das, R/o Village Araibandh, Thana Takhatpur, Post Office Takhatpur, Revenue And Civil Distt. Bilaspur C.G. Pin 495001, District : Bilaspur, Chhattisgarh

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8 - Tarun Khandekar S/o Chowa Das Khandekar Aged About 36 Years R/o Janakpur Road, Thana Takhatpur, Post Office Takhatpur, Revenue And Civil Distt. Bilaspur C.G. Pin 495001, District : Bilaspur, Chhattisgarh

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9 - Chandra Prakash S/o Sada Ram Aged About 58 Years R/o Village Araibandh, Thana Takhatpur, Post Office Takhatpur, Revenue And Civil Distt. Bilaspur C.G. Pin 495001, District : Bilaspur, Chhattisgarh

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10 - Board Of Revenue Chhattisgarh Bilaspur, Mungeli Road, District : Bilaspur, Chhattisgarh

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... Respondents

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For Petitioners	: Dr. N.K. Shukla, Senior Advocate
	with Shri D.K. Bhole, Advocate.
For State	: Mr. Suyashdhar Badgaiyan, G.A.

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None for other respondents, despite service of notice

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Hon’ble Shri Bibhu Datta Guru, Judge

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Order on Board

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22/06/2026

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At the outset, learned Senior counsel appearing for the petitioners would submit that though the petitioners sought different reliefs in the instant petition, but at this juncture, they sought only a direction towards the respondent authorities to enquire the matter through any independent agency and to lodge FIR against the actual culprits.

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Learned counsel would submit that two different final orders have been passed in the same case and certified copies have been issued by the Office of Board of Revenue. Thus, the matter needs enquiry.

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From perusal of the orders passed by this Court in the instant petition, earlier the respondent No.1 filed an affidavit and he has disowned the order. Further, it is evident that an equiry was underway to determine as to in what situation two different orders have been passed by the Board of Revenue. This Court summoned the original record of the Board of Revenue, in which, the subject orders have been passed.

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Pursuant to the aforesaid order, the original record of the Board of Revenue has been produced before this Court.

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Subsequently, by order dated 19/02/2026, this Court directed the State to file proper affidavit along with relevant documents and also directed to inform the Court as to what action has been taken pursuant to the preliminary enquiry dated 03/12/2014.

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In compliance of the order of this Court, the affidavit has been filed by the Sub-Divisional Officer (Revenue) Kota, District Bilaspur. Para-12 of the said affidavit is relevant to adjudicate the present lis. The same reads thus:-

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“12. That so far as the directions of the That so Hon'ble Court as to what action has been taken pursuance to the preliminary enquiry dated 03/12/2014, will also be placed before this Court. In this regard it is respectfully submitted that, initially in compliance of the direction of the Hon'ble Court dated 03/12/2014, the respondent No.1 had filed a preliminary enquiry report before this Hon'ble Court on 15/12/2014, wherein it has been opined by the Secretary, Board of Revenue that the matter needs some criminal action about the alleged certified copy of Annexure-P-1 and as the final enquiry report has already been placed on record of this Hon'ble Court on 24/09/2014 with covering memo dated 20/09/2024 (Document-A, as above). It is respectfully submitted that the Under Secretary,

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Chhattisgarh Board of Revenue, Bilaspur vide its letter dated 23/02/2026 informed to the OIC that as the matter is sub judice pending adjudication before this Hon'ble Court and therefore no any appropriate action have been initiated in furtherance to the enquiry report by the Board of Revenue, Chhattisgarh, Bilaspur. Copy of the memo dated 23/02/2026 written by the Under Secretary, Board of Revenue, Chhattisgarh, to the Sub Divisional Officer Bilaspur (Revenue) Takhatpur District Bilaspur (CG) is annexed herewith as Document-C. ”

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From the aforesaid affidavit filed by the State, it appears that the State wish to initiate criminal action about the alleged certified copies of Annexure P-1.

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In view of the above, the original record produced by the Board of Revenue be sent back to it forthwith. The State Government is directed to conduct a proper enquiry in respect of the discrepancy occurred in the order dated 22/03/2013 passed by the Board of Revenue in Revision Case No.RN/02/R-A6/278/2011 village Araiband ( Kaushalya Bai & Ors Vs. Shailesh Kumar & Ors. ) through the Inspector General of Police, Bilaspur Range, Bilaspur and take appropriate action including the criminal proceeding against the concerned erring officials and/or persons, within a period of fourth months from

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the date of receipt of a copy of this order.

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