Chhattisgarh High Court
Kaushilya Bai v. State of Chhattisgarh
2026:CGHC:38049 · WPC/4390/2026
- Decision date
- 2026-08-24
- Text availability
- Full text
- Judges
- Amitendra Kishore Prasad
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
1 CGHC010330512026 2026:CGHC:38049 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4390 of 2026 Kaushilya Bai D/o Late Upendro Ram Aged About 60 Years Occupation, Agriculturist, R/o Village Beldegi, Tahsil- Patthalgaon, District- Jashpur Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Secretary, Ministry Of Revenue And Disaster Management Atal Nagar Nawa Raipur District Raipur (C.G.) 2 - Collector Jashpur District- Jashpur (C.G.) 3 - Sub Divisional Officer (Revenue) Pathalgaon District- Jashpur (C.G.) 4 - Tahsildar Pathalgaon District- Jashpur (C.G.) 5 - Mu. Hemo Bai D/o Late Upendro Ram W/o Shri Bhuneshwar Aged About 65 Years R/o Palidih Tahsil- Patthalgaon, District- Jashpur Chhattisgarh, 6 - Mu. Sharda Bai D/o Late Upendro Ram W/o Late Shri Bhagwat Aged About 63 Years R/o Village- Singibahar, Tahsil- Farsabahar District- Jashpur Chhattisgarh 7 - Biharu S/o Late Kamla Occupation Agriculturist R/o Village- Beldegi, Tahsil- Patthalgaon District- Jashpur Chhattisgarh (Objector) 8 - Dhobsay S/o Late Kamla Occupation- Agriculturist R/o Village-Beldegi, Tahsil- Patthalgaon District- Jashpur Chhattisgarh (Objector) 9 - Ajit S/o Late Kamla Occupation, Agriculturist, R/o Village- Beldegi Tahsil- Patthalgaon, District- Jashpur Chhattisgarh (Objector). ... Respondent(s) (Cause-title taken from Case Information System) 2 For the Petitioner :Dr. Arham Siddiqui, Advocate. For the State : Mr. Soumitra Kesharwani, PL. :
Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 25.08.2026 1. Petitioner has filed this petition under Article 226 of the Constitution of India seeking following reliefs: “10. Reliefs Sought: 10.1 That, this Hon'ble Court may kindly be pleased issue appropriate writ/order/direction to the respondent authorities, particularly, respondent no. 4, to decide the pending Revenue proceedings registered as Revenue Case No. 20260303090045/अ-6/2025-26 under section 109, 110 of the CG Land Revenue Code, (Annexure P-1) in a time bound manner, as per law. 10.2. That, this Hon’ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate.” 2. By way of this petition, the petitioner is not challenging any order, but is aggrieved by inaction of the respondent authorities and, therefore, seeking a suitable direction to respondent authorities, particularly respondent No.4 to decide the pending case bearing Revenue Case No.20260303090045/अ-6/2025-26. Petitioner's father namely Upendro Ram was owner of land situated at Village Beldegi, Patwari Halka No. 23, bearing Khasra no. 0599, 629/1क, 631/1 and 646/1क, rakba respectively 0.6960, 0.2750, 1.3560 and 3
0.2640 hectare, total Khasra No.4, total Rakba 2.5910 hectare, and Khasra No. 553/1/1, rakba 0.4040 hectare. Late Upendro Ram died on 04-12-2017 and during the life time of Upendro, the respondent Nos.5 and 6 filed a civil suit before Civil Judge Class-II, Patthalgaon, District Jashpur, C.G bearing Civil Suit No.7-A/2015 [Mu. Hemu Bai & Anr Vs. Upendro Ram (died) through Lrs Kaushilya Bai & Ors] for seeking 1/3rd share over the suit property and since the said respondents had failed to prove that they are the daughters of late Upendro, therefore, the Civil Suit was dismissed on 19-12-2023. Aggrieved aggrieved by said dismissal, said respondents preferred a Civil Appeal bearing Civil Appeal No.1-A/2024 (Mu. Hemu Bai & Anr Vs. Kaushilya Bai & Ors) which also came to be dismissed on 02-05-2025 by learned District Judge, Patthalgaon, District Jashpur, C.G. Aggrieved by which, respondents therein had preferred a Second Appeal before this Court bearing SA/340/2025, which also came to be dismissed on 13-01-2026. The said judgment and decree has attained finality and the respondents have not assailed the said judgment passed before the Hon'ble Supreme Court.
The petitioner had contested the dispute before the competent Civil Court, the First Appellate Court and the High Court and obtained favourable orders from all three courts. After obtaining these favourable and consistent orders, the petitioner applied to the revenue authorities to have the subject land mutated (recorded) in her name. However, Respondent Nos.5 and 4 6 alongwith other objectors, opposed the mutation stating that petitioner’s claims are frivolous and baseless grounds. Because of these objections, the mutation proceedings have remained pending. Hence, this petition. 3. Learned counsel for the petitioner submits that a revenue proceeding under Sections 109 and 110 of the Chhattisgarh Land Revenue Code, 1959, has been registered as Revenue Case No. 20260303090045/अ-6/2025-26 before respondent No.4/Tahsildar on 25.03.2026 and said proceeding has remained pending and has not yet been adjudicated, hence, an appropriate direction be issued to the concerned Tahsildar to decide the pending revenue proceeding, in accordance with law, expeditiously and within a time-bound period as may be specified by this Court. 4. Learned State Counsel submits that he is having no objection to the limited prayer made by counsel for the petitioner. 5. Heard learned counsel for the parties and perused the writ petition.
6. Considering the above aspects of the matter, writ petition is disposed of directing respondent No.4/Tahsildar to decide the pending Revenue Case No.20260303090045/अ-6/2025-26 in accordance with law within a period of 60 days from the date of receipt of copy of this order. CC as per rules. Sd/- (Amitendra Kishore Prasad) Judge J.