Shailendra Kumar Bajpai Vs State of Chhattisgarh

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1

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2026:CGHC:6591

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 5014 of 2022

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1 - Shailendra Kumar Bajpai S/o Late Dayashankar Bajpai Aged About 60 Years Advocate High Court, R/o Mangala, Bhatiya Residency, P. S. Civil Line, Tahsil And District Bilaspur Chhattisgarh

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2 - Devendra Kumar Bajpai S/o Late Dayashankar Bajpai Aged About 71 Years R/o Ganga Nagar Sector-2, Behind City Mall, Mangala, P. S. Civil Line, Tahsil And District Bilaspur Chhattisgarh

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... Petitioners

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versus

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1 - State Of Chhattisgarh Through Secretary Revenue And Disaster Management Department, Mahanadi Bhawan Atal Nagar Nawa Raipur District Raipur Chhattisgarh

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2 - The Secretary Law And Legislature Department, Mahanadi Bhawan Atal Nagar Nawa Raipur District Raipur Chhattisgarh

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3 - The Collector Bilaspur District Bilaspur Chhattisgarh

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4 - The Sub Divisional Officer (Revenue) Kota, District Bilaspur Chhattisgarh

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5 - The Tahsildar Belgahna District Bilaspur Chhattisgarh

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6 - Manjulata W/o Shailendra Shukla D/o Late Dayashankar Bajpai Aged About 66 Years R/o Telipara, In Front Of Medical Complex, Behind Ajit Hotel, Tahsi And District Bilaspur Chhattisgarh

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7 - Vandana Mishra W/o U. S. Mishra, D/o Late Dayashankar Bajpai Aged About 60 Years R/o Beside The House Of Mohan Markam Kondagaon District Kondagaon

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2

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Chhattisgarh

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8 - Shailja Dixit W/o Akhilesh Dixit, D/o Late Dayashankar Bajpai Aged About 53 Years R/o Govt. Quarter No. 12, In Front Of Navear Girls School Tulsi Nagar Bhopal (Madhya Pradesh)

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9 - Maya Mishra W/o Late Anil Mishra, D/o Late Dayashankar Bajpai Aged About 51 Years R/o Radheshyam Apartment, Besides Rama Megnoto Mall Vaishali Nagar Bilaspur Chhattisgarh

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10 - Abhilash Bajpai S/o Yogendra Bajpai Aged About 41 Years R/o 27 Kholi Behind The Patta Godown, Tahsil And District Bilaspur Chhattisgarh

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11 - Anmol Bajpai S/o Yogendra Bajpai Aged About 36 Years R/o 27 Kholi Behind The Patta Godown, Tahsil And District Bilaspur Chhattisgarh

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12 - Manju Bajpai W/o Late Yogendra Bajpai Aged About 65 Years R/o 27 Kholi Behind The Patta Godown, Tahsil And District Bilaspur Chhattisgarh

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13 - Smt . Sandhya Bajpai W/o Late Narendra Bajpai Aged About 64 Years R/o Vidyut Nagar, Near Jain Mandir, Behind The Bhains Khatal Tahsil And District Durg Chhattisgarh

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14 - Ayush Bajpai S/o Late Narendra Bajpai Aged About 27 Years R/o Vidyut Nagar, Near Jain Mandir, Behind The Bhains Khatal Tahsil And District Durg Chhattisgarh

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15 - Nikhil Shukla S/o Shailendra Shukla Aged About 30 Years R/o Telipara, In Front Of Medical Complex, Behind Ajit Hotel, Tahsil And District Bilaspur Chhattisgarh

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16 - Manoj Kumar Khande The Then Tahsildar Belgahna District Bilaspur Now Deputy Collector, Korba Through Collector, District Korba Chhattisgarh

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17 - Tejaswi Sahu Patwari, Belgahna, Through Tahsildar Belgahna District Bilaspur Chhattisgarh

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... Respondents

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{Cause title, as taken from Case Information System}

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For Petitioners : Mr. Shailendra Bajpai, petitioner-in-person with Mr. F.S. Khare, Advocate.

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3

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For Respondents No. 1 to 5 : Mr. Shobhit Mishra, Dy. Advocate General. For Respondents No. 6 to 15 : Ms. Neha Shukla, Advocate. For Respondent No. 16 : Mr. Atul Kumar Kesharwani, Advocate.

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{Hon’ble Mr. Justice Naresh Kumar Chandravanshi}

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Order on Board

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05/02/2026

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1. Instant writ petition under Article 226 of the Constitution of India has been preferred by the petitioner seeking following reliefs :-

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“10.1 The Hon’ble Court may kindly be pleased to set-aside

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/ quash the impugned order dated 27.01.2022 (Annexure P- 1) with entire proceedings and orders passed by the respondent No. 16 in revenue case No. 202201073000012/A27/2020-2021.

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2. Petitioner-in-person along with counsel for the petitioner No. 2 would jointly submit that Tahsildar, Belgahna has passed the order of partition dated 27.01.2022 without issuing any notice to the petitioner, thus, opportunity of hearing has not been afforded to the petitioner before passing aforesaid order of partition and principle of natural justice has not been followed, therefore, learned counsel for the petitioner submits that in view of catena of judgment rendered by the Apex Court that if principle of natural justice has not been followed, then, the High Court ought to have interfered in the writ jurisdiction.

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3. Learned counsel appearing for respondents No. 6 to 15 would submit that respondent No. 6 – Manjulata has expired on 14.12.2023.

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

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5. Aforesaid revenue proceeding was initiated by Tahsildar, Belgahna in the year 2021 and the impugned order of partition was passed on 27.01.2022.

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4

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6. There is efficacious alternative remedy available to the petitioner before the Sub Divisional Officer (Revenue) by filing appeal under Section 44 of the C.G. Land Revenue Code, 1959 (henceforth, ‘Code, 1959’). If principle of natural justice has not been followed by the Tahsildar, Belgahna, then this issue may also be raised by the petitioner before the appellate Authority / SDO (Revenue).

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7. In view of above, I am not inclined to entertain instant writ petition, as there is appropriate efficacious remedy available to the petitioner for redressal of his grievances, hence, this petitioner fails and is hereby dismissed. However, the petitioner is at liberty to file appeal before the concerned Sub Divisional Officer (Revenue) within a period of 30 days from today.

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8. Till then, the interim relief granted by this Court vide order dated 21.11.2020 staying the effect and operation of the impugned order dated 27.01.2022 (Annexure P-1) shall remain in force.

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9. It is made clear that if the appeal is not filed by the petitioner within the stipulated period, then interim protection granted to him by this Court shall loose its efficacy.

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10 . With the aforesaid observations & directions, the writ petition stands disposed of.

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Sd/-

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(Naresh Kumar Chandravanshi)

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AMITKUMAR Digitally signedby AMITKUMAR DUBEYDate: DUBEY 2026.02.0712:24:08 +0530

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Judge

Shailendra Kumar Bajpai v. State of Chhattisgarh

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Shailendra Kumar Bajpai v. State of Chhattisgarh

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