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Munnalal v. State of Chhattisgarh

Chhattisgarh HC19 Apr 2022WPC/1760/2022

Case brief

AI extract

What is this about?

This order grants a direction to the Commissioner, Surguja Division, to decide a pending Revenue Revision No. 201904960200002/68/2018-19 between Gopal Prasad and the petitioners within six months. The writ court disposed of the matter without issuing notice to the private respondent.

What did the court decide?

Direction to Respondent 2 to consider and decide Revenue Revision No. 201904960200002/68/2018-19 within six months.

Munnalal Vs State of Chhattisgarh — Land Acquisition | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT of CHHATTISGARH, BILASPUR

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WPC No. 1760 of 2022

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Munnalal son of late Mahadev, Occupation-Cultivator, aged about 48 years.

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Sahdev son of Jirjodhan, Occupation-Cultivator, aged about 63 years.

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Both are resident of village and post Wadrafnagar, P.S. Basantpur, Tahsil Wadrafnagar, District Balrampur-Ramanujganj, Chhattisgarh

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------Petitioners

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VERSUS

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State of Chhattisgarh, through the Secretary, Revenue Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh

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The Commissioner, Surguja Division, Ambikapur, District Surguja, Chhattisgarh

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Gopal Prasad Kashyap son of late Kahhai Sao, OccupationCultivator and Business, aged about 60 years, resident of village and post Wadrafnagar, P.S. Basantpur, Tahsil Wadrafnagar, District Balrampur-Ramanujganj, Chhattisgarh

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------- Respondents

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For Petitioners : Mr. Rahul Kumar Mishra, Adv. For Respondent-State : Mr. P. Acharya, Panel Lawyer

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Single Bench: Hon'ble Shri Parth Prateem Sahu, Judge

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ORDER ON BOARD

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19/04/2022

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Learned counsel for petitioner submits that this writ petition is filed seeking limited relief of a direction to Respondent 2 to decide pending Revenue Revision No. 201904960200002/68/2018-19 between Gopal Prasad v. Munna Lal , within a stipulated period of time. He contended that the petitioners belong to Scheduled Tribe community. In the year 1991-92, proceedings under Section 170-B of Land Revenue Code was initiated by the Sub-Divisional Officer (Rev.), who after conclusion of proceedings, passed order in favour of petitioners on 31.12.1995 for reverting the land, subject matter of the dispute. Thereafter, Respondent 3 challenged the order of SubDivisional Officer before the Collector by filing an appeal, which was dismissed on 09.10.2000. Respondent 3, instead of

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challenging the order passed under Section 170-B of Land Revenue Code, before the revisional authority or any other higher forum, has chosen to file civil suit before Second Additional District Judge, Ambikapur, which also came to be dismissed on 21.01.2003. The order of dismissal of Civil Suit was put to challenge in a First Appeal which came to be dismissed by judgment and decree dated 13.08.2018. Respondent 3 has challenged the order passed in First Appeal before the Supreme Court and the Special Leave to Appeal (c) was also dismissed on 13.11.2018. Respondent 3, thereafter, filed revenue revision under Section 50 of the Chhattisgarh Land Revenue Code before Respondent 2/ Commissioner, challenging the order passed by the Collector on 09.10.2000. The Revenue Revision was filed in the year 2019 and since then the revision is pending consideration before Respondent 2, hence, a direction be issued to Respondent 2 for early disposal of the revision.

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Mr. P. Acharya, learned State counsel submits that he is having no objection to the limited prayer made by learned counsel for petitioner as petitioner is not seeking any relief on merit affecting the rights of the parties.

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In view of above, writ petition is disposed of without issuing notice to private respondent No. 3.

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On due consideration of the submissions made by learned counsel for the parties, facts of the case, Respondent 2 is directed to consider and decide the Revenue Revision No. 201904960200002/68/2018-19 between Gopal Prasad v. Munna Lal , at the earliest, preferably within a period of six-months from the date of production of copy of this order, in accordance with law.

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With the aforesaid direction, writ petition stands disposed of.

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Sd/-

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(Parth Prateem Sahu) Judge

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P a w a n

Munnalal v. State of Chhattisgarh

Case brief

What is this about?

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Munnalal v. State of Chhattisgarh

Case brief

What is this about?

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