A Tahsildar must defer partition proceedings while the related title dispute is pending before a civil court.

The petitioners sought to quash proceedings before the Tahsildar, Pathariya, under Section 115 of the Chhattisgarh Land Revenue Code, 1959, in Revenue Case No. 202604250900002/A-6/2025-2026.

They contended that a civil suit concerning title, partition and permanent injunction over the property was pending, and that the Tahsildar should not continue the revenue proceedings while those matters were before the Civil Court.

Respondents argued that the revenue proceedings had begun before the suit and concerned matters distinct from title; they did not dispute that the civil suit was pending.

1. Whether the Tahsildar should continue revenue proceedings concerning the property while a civil suit regarding title, partition and permanent injunction is pending.

2. Whether the pending Tahsildar proceedings should be quashed, with liberty to seek appropriate revenue relief after the Civil Court’s decision.

Section 115 of the Chhattisgarh Land Revenue Code, 1959, was the provision under which the Tahsildar proceedings had been initiated.

Where the Civil Court is seized of a dispute concerning title and partition, the revenue authority should await the Civil Court’s decision; revenue proceedings may be pursued thereafter in accordance with law and in light of that decision. Civil Court judgments and orders bind Revenue Courts.

No judicial precedent was cited.

Although the State submitted that mutation proceedings and the civil suit were different in nature and that the Tahsildar was not deciding title, the Court noted that the pending suit sought relief concerning title, partition and injunction, including a challenge to the legality of the revenue partition proceedings.

In view of that overlap, the Court held that the Tahsildar ought not to proceed before the Civil Court determined the dispute.

After the civil suit is decided, the parties may apply to the Tahsildar, who must decide the matter in accordance with law and in light of the Civil Court’s decision.

The petitioners were also permitted to pursue their pending application under Order 39 Rules 1 and 2 of the Code of Civil Procedure before the Civil Court. The writ petition and interim application were disposed of.