Chhattisgarh High Court
WPC/44/2023 of BASANT LAL (DIED THROUGH LRS) Vs STATE OF CHHATTISGARH on 22 September 2026
2026:CGHC:41347 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 44 of 2023 1 - Basant Lal (Died Through Lrs) As Per Honble Court Order Dated 12- 05-2026 1.1 - Smt. Shashi Bala Lal W/o Late Basant Lal Aged About 73 Years R/o House No. 322, Ward No. 40, Basantpur, Rajnandgaon, District
CGHC010004732023
2026:CGHC:41347
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 44 of 2023
1 - Basant Lal (Died Through Lrs) As Per Honble Court Order Dated 12- 05-2026
1.1 - Smt. Shashi Bala Lal W/o Late Basant Lal Aged About 73 Years R/o House No. 322, Ward No. 40, Basantpur, Rajnandgaon, District Rajnandgaon Chhattisgarh 1.2 - Shishir Lal S/o Late Basant Lal Aged About 48 Years R/o Madhuban Nagar, Dhanora Road, Borsi Durg, District Durg Chhattisgarh 1.3 - Kirti Lal D/o Late Basant Lal Aged About 41 Years R/o Shyam Heights, Block - Shyam Kunj, Flat No. 117, Bicholi Mardana Indore M.P.
2 - Shrirish Lal S/o Late Madhukar Lal, Aged About 54 Years Banspaipara, Ward No.38, Tahsil And District Rajnandgaon Chhattisgarh
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through - The Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Raipur Chhattisgarh 2 - The Commissioner Durg Division Durg Chhattisgarh 3 - The Collector, District Rajnandgaon Chhattisgarh 4 - The Nazule Enquiry Officer, Rajnandgaon, District - Rajnandgaon Chhattisgarh
.... Respondent(s)
(Cause title taken from CIS System)
Digitally
signed
by AMIT
PATEL
For Petitioners
:
Mr. Rakesh Kumar Thakur, Advocate
For Respondent(s) :
Mr. Vivek Siddharth Ojha, PL
Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 23.09.2026
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1. The petitioners have filed this petition with the following reliefs:- “ 10.1 Issue a writ of mandamus and quash the impugned order dated 13.06.2022 (P-9) and direct the respondent No. 3 (The Collector Rajnandgaon) to decide the petitioners application filed under Section 57 (2) of the Chhattisgarh Land Revenue Code as per the law, after providing proper opportunity of hearing. 10.3 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner.
2. Learned counsel for the petitioners submits that the learned Collector, Rajnandgaon, has erred in refusing to exercise jurisdiction under Section 57(2) of the Chhattisgarh Land Revenue Code, 1959, despite the provision conferring jurisdiction upon him to adjudicate disputes between the State Government and private individuals in respect of land. He further submits that the order dated 03.11.1978 was passed without service of notice upon the petitioners and without affording them an opportunity of hearing, and that no publication appears to have been made prior to passing of the said order. It is also submitted that when the superior authorities themselves had directed the petitioners to approach the Collector under Section 57(2) of the Act, 1959 the Collector ought not to have declined to exercise such jurisdiction. On these grounds, learned counsel submits that the impugned order deserves to be set aside.
3. Considering the aforesaid aspects of the matter and the relief sought by the petitioner in para 10.1 of the relief clause, the Collector, Rajnandgaon, District- Rajnandgaon (C.G.) is directed to consider and decide the petitioner's application filed under Section 57(2) of the Act, 1959, in accordance with law after affording due opportunity of hearing to the petitioners and all other necessary parties. The petitioners shall approach the concerned Collector along with a copy of this order within a period of 15 days from today. Upon receipt thereof, the concerned Collector shall consider and decide the application in accordance with law, within a period of 60 days thereafter, after affording due opportunity of hearing to the petitioner and other necessary parties.
4. With the aforesaid observations and directions, the petition stands disposed of.
SD/-
(Amitendra Kishore Prasad) Judge AMIT PATEL