Dular Sinha Vs the Collector — Writ and Judicial Review | Chhattisgarh HC (2026)

Dular Sinha Vs the Collector — Writ and Judicial Review | Chhattisgarh HC (2026)

What the court decided

AI extract

Outcome

Permission to withdraw the writ petition with liberty to challenge the impugned order dated 05.05.2017 (Annexure-P/1) and the order dated 04.6.2014 (Annexure-P/2) before the Board of Revenue by filing a revision petition, if available under law; petition dismissed as withdrawn and pending interlocutory application(s) disposed of.

Issue for consideration

Whether the order dated 05/05/2017 (Annexure P/1) passed by the Upper Commissioner, Raipur Division, Raipur, arising out of the order dated 04/06/2014 (Annexure P/2) passed by the Sub Divisional Officer (Revenue), Kurud, ought to be set aside. (Framed from the relief sought; not adjudicated, as the petition was withdrawn at the outset.)

Court's answer

The petitioners are permitted to withdraw the writ petition with liberty as prayed for, i.e., liberty to challenge the impugned order dated 05.05.2017 (Annexure-P/1) and the order dated 04.6.2014 (Annexure-P/2) before the Board of Revenue by filing a revision petition, if such liberty is available to them under the law.

Ratio / Principle

The writ petition is dismissed as withdrawn.

Key takeaways

Pending interlocutory application(s), if any, stand disposed of.ratio¶6

Detailed headnote1 paragraphs

High Court of Chhattisgarh at Bilaspur, WPC No. 4267 of 2021, decided 05.05.2026 (Naresh Kumar Chandravanshi, J.). Petitioners, residents of Village Sirri, Tahsil Kurud, District Dhamtari, filed a writ petition under Article 226 of the Constitution of India seeking to set aside the order dated 05/05/2017 (Annexure P/1) of the Upper Commissioner, Raipur Division, Raipur, arising out of the order dated 04/06/2014 (Annexure P/2) of the Sub Divisional Officer (Revenue), Kurud. At the outset, learned counsel for the petitioners sought permission to withdraw the petition with liberty to challenge both orders before the Board of Revenue by filing a revision petition; learned counsel for the State had no objection. The Court permitted withdrawal with liberty as prayed for, if the same was available to the petitioners under the law, dismissed the writ petition as withdrawn, and disposed of pending interlocutory application(s), if any. No issue on merits was adjudicated; no precedent was cited or considered.

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2026:CGHC:20939

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPC No. 4267 of 2021

1 - Dular Sinha S/o Late Jagarnath Sinha Aged About 70 Years R/o Village Sirri, P.O. Sirri, Tahsil Kurud, District Dhamtari Chattisgarh.

2 - Bonny S/o Jagarnath Sinha, Aged About (Now Dead), R/o Village Sirri, P.O. Sirri, Tahsil Kurud, District Dhamtari Chattisgarh.

3 - Mahesh S/o Chinta Ram Sinha Aged About 55 Years R/o Village Sirri, P.O. Sirri, Tahsil Kurud, District Dhamtari Chattisgarh.

4 - Chetan Lal S/o Chinta Ram Sinha Aged About 50 Years R/o Village Sirri, P.O. Sirri, Tahsil Kurud, District Dhamtari Chattisgarh.

... Petitioners

versus

1 - The Collector Dhamtari, District Dhamtari Chhattisgarh.

2 - Additional Commissioner Raipur Region Raipur Chhattisgarh.

3 - Sub Divisional Magistrate Kurud, District Dhamtari Chhattisgarh.

4 - Naib Tahsildar Kurud, Tahsil Kurud, District Dhamtari Chhattisgarh.

5 - Sarpanch Village Panchayat Sirri, District Dhamtari Chhattisgarh.

6 - Ghasiya S/o Dularwa Sahu R/o Village Of Sirri, Tahsil Kurud, District Dhamtari Chhattisgarh.

7 - Yashwant Sahu S/o Khamhan Sahu R/o Village Of Sirri, Tahsil Kurud, District Dhamtari Chhattisgarh.

8 - Gulphi Ram S/o Sukul Sahu R/o Village Of Sirri, Tahsil Kurud, District Dhamtari Chhattisgarh.

9 - Dev Singh S/o Sukul Sahu R/o Village Of Sirri, Tahsil Kurud, District Dhamtari Chhattisgarh.

10 - Shambhu S/o Samaylal Sahu R/o Village Of Sirri, Tahsil Kurud, District Dhamtari Chhattisgarh.

11 - Ramu Kumar S/o Ghumuk Sahu R/o Village Of Sirri, Tahsil Kurud, District Dhamtari Chhattisgarh.

Digitally signed by BINI BINI PRADEEP PRADEEP Date: 2026.05.06 11:42:23 +0530

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12 - Harish S/o Chaitram Sahu R/o Village Of Sirri, Tahsil Kurud, District Dhamtari Chhattisgarh.

13 - Omesh S/o Kalu Ram Sahu R/o Village Of Sirri, Tahsil Kurud, District Dhamtari Chhattisgarh.

14 - Shashi Kumar S/o Dayaram R/o Village Of Sirri, Tahsil Kurud, District Dhamtari Chhattisgarh.

15 - Man Singh S/o Kartik Ram Sinha R/o Village Of Sirri, Tahsil Kurud, District Dhamtari Chhattisgarh.

... Respondents

For Petitioners : Mr. Sudhanshu Singh, Adv. on behalf of Mr. BP Singh, Adv.

For Respondents 1 to 4/State : Mr. Arpit Agrawal, Panel Lawyer

(Hon’ble Shri Justice Naresh Kumar Chandravanshi)

Order on Board

05.05.2026

1. The petitioners have preferred this writ petition under Article 226 of the Constitution of India, seeking following relief(s):-

10.1 That this Hon'ble Court may kindly be pleased to set aside the order dated 05/05/2017 Annexure P/1 arising out the order dated 04/06/2014 Annexure P/2

10.2 That this Hon'ble Court may kindly be pleased to call for entire records pertaining to this petition.

10.3 That this Hon'ble Court may kindly be pleased to pass any other suitable order /orders, relief/reliefs which this Hon'ble Court may find fit and proper in favour of the petitioner safeguarding his interest.

2. At the outset, learned counsel for the petitioners seeks permission of the Court to withdraw this writ petition with liberty to challenge impugned order dated 05.05.2017 (Annexure-P/1) passed by Upper Commissioner, Raipur Division, Raipur and Order dated 04.6.2014 (Annexure-P/2) passed

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by Sub Divisional Officer (Revenue), Kurud, Distt. Dhamtari, before the Board

of Revenue, by filing revision petition.

3. Learned counsel for the State has no objection to the prayer made by the petitioners.

4. On due consideration, the petitioners are permitted to withdraw this petition with liberty as prayed for, if the same is available to them under the law.

5. Accordingly, this writ petition is dismissed as withdrawn.

6. Pending interlocutory application(s), if any, stands disposed of.

Sd/-

(Naresh Kumar Chandravanshi) Judge

Bini