SMT. SHARDA DIGRASKAR vs STATE OF CHHATTISGARH

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CGHC010317742026 2026:CGHC:38320

NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 4433 of 2026
1 - Smt. Sharda Digraskar W/o Late Subhash Digraskar Aged About 77
Years R/o Chantapara, Bilaspur, District Bilaspur (C.G.)
2 - Renuka Digraskar D/o Late Subhas Digraskar Aged About 51 Years
R/o Chantapara, Bilaspur, District Bilaspur (C.G.)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Secretary, Department Of Revenue
And Disaster Management Department, Mantralaya, New Raipur (C.G.)
2 - Collector District Bilaspur (C.G.)
3 - Nazul Officer Bilaspur (C.G.)
4 - Rishipal Singh Reader, O/o Nazul Officer, Bilaspur (C.G.) Through
Nazul Officer, Bilaspur (C.G.)
5 - Shekhar Digraskar S/o Late Subhash Digraskar Aged About 50
Years R/o Chantapara, Bilaspur, District Bilaspur (C.G.)
6 - Morris Rodney Martinz S/o Cragie Martinz Aged About 18 Years R/o
L-5, Vinoba Nagar, Bilaspur (C.G.)

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... Respondents
(Cause-title taken from the Case Information System)
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For Petitioner :- Mr. Sunil Kumar Soni, Advocate
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SB- Hon'ble Shri Justice Amitendra Kishore Prasad
Order On Board
31.08.2026
1. By way of the present writ petition, the petitioner has prayed for
appropriate relief in respect of the grievance raised in the petition.
“1. Issue a Writ of Certiorari or any Other Appropriate
Writ/Direction, Calling for the Records of Revenue
Case No. 202305074700018/A-6/2022-23 and Quash
the order Dated 06.10.2023 Passed by the
Respondent No.03 i.e., Nazul Officer, Bilaspur (C.G)
as it is Void, Nullity and Non- Est in the Eyes of law,
having been Obtained by Fraud/ Tampering in the
Court Record.
2. Direct, Respondent No.03 i.e., Nazul Officer,
Bilaspur (C.G) to hear the Mutation matter Afresh
After Impleading the Petitioners and all Legal Heirs
and Pass a Fresh Order Strictly in Accordance with
the Registered Will Dated 02.06.2022. Especially
Main Rakba Ought to have been Recorded in the
Name of Original Pattadhari i.e., Subhash Digraskar
Since Mutation of the Flats are Solely Covered under
the Prakosth Swamitva Adhiniyam. It is beyond the
Competence of the Nazul Officer to Record the
Original Area which is not bequeathed to any one by
way of will.

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3. Direct, Respondent No.1 Collector, District Bilaspur
(C.G) to Initiate Disciplinary Proceedings and an
Inquiry Against the Erring Officials who are
Responsible for Tampering with Official Records
(Tampering of Records.)
4. Pass any other Order, or Direction which this
Hon'ble Court Deems fit and proper in the facts and
circumstances of the case.”
2. Learned counsel appearing for the petitioner submits that the
petitioner has already submitted a representation before the
competent Collector under the provisions of the Revenue Book
Circular, which is pending consideration since 20.04.2026. It is
submitted that, in the facts and circumstances of the case, the
purpose of filing the present petition would be served if a direction
is issued to the concerned Collector to consider and decide the
said representation in accordance with law, after affording due
opportunity of hearing to the petitioner and after taking into
consideration the documents placed on record by the petitioner.
3. Learned State counsel has no objection to the limited prayer
made by learned counsel for the petitioner.
4. I have heard learned counsel for the parties and have perused the
material available on record, including the representation dated
20.04.2026 (Annexure P/4).
5. Considering the nature of the grievance raised and the
submission made by learned counsel for the petitioner, this Court

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is of the considered opinion that the ends of justice would be
served by directing the concerned Collector, Bilaspur to consider
and decide the representation dated 20.04.2026 (Annexure P/4),
submitted by the petitioner under the provisions of the Revenue
Book Circular.
6. Accordingly, the concerned Collector, Bilaspur is directed to
consider and decide the representation dated 20.04.2026
(Annexure P/4) submitted by the petitioner, strictly in accordance
with law, after affording due and reasonable opportunity of hearing
to the petitioner and after taking into consideration the documents
and material placed by the petitioner in support of his claim.
7. The aforesaid exercise shall be completed expeditiously,
preferably within a period of 45 days from the date of receipt of a
copy of this order, by passing a reasoned and speaking order.
8. It is made clear that this Court has not expressed any opinion on
the merits of the claim of the petitioner. The competent authority
shall consider the representation independently and decide the
same strictly in accordance with law.
9. With the aforesaid direction, the present writ petition stands
disposed of .
sd/-
(Amitendra Kishore Prasad)
Judge
Vishakha