Brothers’ Land Partition Stands After Petitioner Participated Without Recorded Objection, Chhattisgarh HC Holds

The parties, brothers, held approximately 1.850 hectares of land jointly.

In partition proceedings initiated under Section 178-A of the Chhattisgarh Land Revenue Code, 1959, the Nayab Tahsildar allotted 0.92 hectares to the respondent and 0.93 hectares to the petitioner.

The petitioner challenged the partition, alleging that the allocation was unequal in value and that proper procedure had not been followed.

The Sub-Divisional Officer set aside the partition and remitted the matter for fresh adjudication; the Commissioner dismissed the respondent’s appeal.

The Board of Revenue allowed the respondent’s revision, restored the Nayab Tahsildar’s order, and the petitioner challenged that decision under Article 227.

Section 178-A of the Chhattisgarh Land Revenue Code, 1959, governed the partition proceedings.

Under Article 227 of the Constitution, the High Court’s inquiry is supervisory: it may examine jurisdictional error by subordinate authorities, but does not re-evaluate factual disputes concerning the quality, quantity, or potential of land allotted in partition.

No judicial precedents were cited.

The Court noted that the allotments were nearly equal in area and that any difference in quality or potential was a factual matter outside the scope of Article 227 review.

It also relied on the Board’s finding that the petitioner had participated in the proceedings without raising an objection to the partition or the Fard Batwara, and that the parties were in possession of their respective allotted lands.

On the record before it, the Court found no perversity or jurisdictional error in the Board’s decision.

It left the petitioner at liberty to pursue an appropriate proceeding to redress his grievances, if so advised.