Chattisgarh High Court
Mohd. Sharafat Ansari vs State Of Chhattisgarh on 6 May, 2025
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Digitally
signed by 2025:CGHC:20684
RAMESH
KUMAR VATTI NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 1471 of 2020
1. Mohd. Sharafat Ansari S/o Sharafat Hussain Aged About 55 Years R/o
Nagar Panchayat, Pratappur, Tahsil Pratappur, District : Surajpur,
Chhattisgarh
2. Shamsudoha Ansari S/o Sharafat Hussain Aged About 42 Years R/o
Nagar Panchayat, Pratappur, Tahsil Pratappur, District : Surajpur,
Chhattisgarh
3. Irfan S/o Ramjan Aged About 25 Years R/o Nagar Panchayat,
Pratappur, Tahsil Pratappur, District : Surajpur, Chhattisgarh
4. Imran S/o Ramjan Aged About 24 Years R/o Nagar Panchayat,
Pratappur, Tahsil Pratappur, District : Surajpur, Chhattisgarh
5. Rizwan S/o Ramjan Aged About 30 Years R/o Nagar Panchayat,
Pratappur, Tahsil Pratappur, District : Surajpur, Chhattisgarh
6. Jahrul Ansari S/o Late Mohd. Jafar Ansari Aged About 40 Years R/o
Nagar Panchayat, Pratappur, Tahsil Pratappur, District : Surajpur,
Chhattisgarh
7. Julekha Bano D/o Shafayat Hussain Aged About 50 Years R/o Nagar
Panchayat, Pratappur, Tahsil Pratappur, District : Surajpur,
Chhattisgarh
8. Shahnaj D/o Safayat Hussain Aged About 48 Years R/o Nagar
Panchayat, Pratappur, Tahsil Pratappur, District : Surajpur,
Chhattisgarh
9. Jahan Aara D/o Safayat Hussain Aged About 40 Years R/o Nagar
Panchayat, Pratappur, Tahsil Pratappur, District : Surajpur,
Chhattisgarh
10. Noorjahan D/o Safayat Hussain Aged About 44 Years R/o Nagar
Panchayat, Pratappur, Tahsil Pratappur, District : Surajpur,
Chhattisgarh
11. Shayra Bano D/o Safayat Hussain Aged About 40 Years R/o Nagar
Panchayat, Pratappur, Tahsil Pratappur, District : Surajpur,
Chhattisgarh
12. Kanij Fatma W/o Late Mohd. Zafar Ansari Aged About 60 Years R/o
Nagar Panchayat, Pratappur, Tahsil Pratappur, District : Surajpur,
Chhattisgarh
... Petitioners
Versus
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1. State Of Chhattisgarh Through The Collector, District Surajpur
Chhattisgarh
2. The President Nagar Panchayat, Through Smt. Ruchi Jaiswal, Wife Of
Ambika Jaiswal, Aged About 35 Years, Resident Of Village Domhat,
Tahsil Pratappur, District Surajpur, Chhattisgarh
3. Santosh Singh S/o Gulab Singh Aged About 45 Years Occupation Ex-
President, R/o Village Dharampur, Tahsil Pratappur, District : Surajpur,
Chhattisgarh
4. Akshay Tiwari S/o Surendranath Tiwari Aged About 42 Years President
Mandir Samiti, Pratappur, District : Surajpur, Chhattisgarh
5. Sitaram Dubey S/o Chandrakant Dubey Aged About 37 Years Pujari,
Mandir Samiti, Pratappur, R/o Nagar Panchayat, Pratappur, Tahsil
Pratappur, District : Surajpur, Chhattisgarh
6. Smt. Usha Jaiswal W/o Kiran Jaiswal Aged About 37 Years President
Usha Mahila Sewa Sahayata Samuh, R/o Nagar Panchayat,
Pratappur, Tahsil Pratappur, District : Surajpur, Chhattisgarh
7. Ajit Sharan Singh S/o Late Trayambakam Sharan Singh Aged About 41
Years R/o Nagar Panchayat, Pratappur, Tahsil Pratappur, District :
Surajpur, Chhattisgarh
8. Keshwanand Pandey S/o Late Ramdas Pandey Aged About 69 Years
R/o Nagar Panchayat, Pratappur, Tahsil Pratappur, District : Surajpur,
Chhattisgarh
9. Rajendra Jaiswal S/o Late Ramautar Jaiswal Aged About 61 Years R/o
Nagar Panchayat, Pratappur, Tahsil Pratappur, District : Surajpur,
Chhattisgarh
10. Gulab Singh S/o Late Shiv Pratap Singh Aged About 71 Years R/o
Nagar Panchayat, Pratappur, Tahsil Pratappur, District : Surajpur,
Chhattisgarh
11. Ajit Bahadur Tayal S/o Ramchandra Agrawal Aged About 55 Years R/o
Nagar Panchayat, Pratappur, Tahsil Pratappur, District : Surajpur,
Chhattisgarh
12. Naveen Jaiswal S/o Gupteshwar Jaiswal Aged About 41 Years R/o
Nagar Panchayat, Pratappur, Tahsil Pratappur, District : Surajpur,
Chhattisgarh
13. The Chhattisgarh Board Of Revenue Bilaspur, District : Bilaspur,
Chhattisgarh
... Respondents
For Petitioners : Mr. D.N. Prajapati, Advocte
For Respondents No. 1 & 13 : Mr. Lav Sharma, Panel Lawyer
For Respondents No. 2 to 11 : Mr. Sunil Tripathi, Advocate
Hon’ble Shri Justice Rakesh Mohan Pandey
Order on Board
06/05/2025
1. The petitioners have filed this petition seeking the following relief(s):-
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“10.1 That, this Hon’ble Court may kindly be pleased to set-
aside the impugned orders dated 11.12.2019, 16.01.2020 and
05.03.2020 (Annexure P/1).
10.2 To kindly grant any other relief which may be deem fit in
the given facts and circumstances of the instant case.”
2. Mr. D.N. Prajapati, learned counsel appearing for the petitioners would
submit that a suo moto proceeding was initiated by the Collector as to
how the subject property was recorded in the names of the petitioners.
The Collector directed an enquiry wherein it was found that the names
of the petitioners were entered in the revenue records without the
authority of the law. Consequently, an order was passed by the
Collector on 18.04.2018 against the petitioners. Mr. D.N. Prajapati
would further submit that the said order was challenged by the
petitioners by filing an appeal before the Commissioner which was
allowed vide order dated 18.11.2019. He would also submit that
respondents No. 2 to 11 preferred a revision before the Board of
Revenue along with an application under Section 52 of the CG Land
Revenue Code and that was allowed by the Board without affording
any opportunity of hearing to the petitioners. Against the said order, this
petition has been preferred. He would contend that the order of status
quo was passed by this Court in favour of the petitioners on
14.08.2020 which is still operating. He would also state that the order
passed by the Board of Revenue dated 05.03.2020 is liable to be set
aside.
3. On the other hand, Mr. Sunil Tripathi, learned counsel appearing for
respondents No. 2 to 11 would submit that the revision preferred by
respondents No. 2 to 11 is still pending consideration before the Board
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of Revenue, therefore, a direction may be issued to the Board of
Revenue to decide the pending revision within a stipulated time.
4. Taking into consideration the dispute involved in the present case, the
present petition is disposed of with a direction to the Board of Revenue
to decide Case No. A/16/R/A-19(4)/12/2019 parties being Adhyaksh,
Nagar Panchayat, Pratappur & Ors. Vs. Mohd. Sharafat & Ors.
preferably within a period of 90 days and for the said period, the interim
order granted on 14.08.2020 shall remain in force.
5. With the aforesaid direction(s), the petition is disposed of.
Sd/-
(Rakesh Mohan Pandey)
Judge
vatti