Disposed

Tulsi Das Manikpuri, v. Barsan Das Manikpuri

Chhattisgarh HC16 Feb 2023REVP/22/2023

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh disposed of a review petition filed to modify an earlier order in WPC No. 4653 of 2022, upholding the directive for authorities to verify entitlement and consider objections in granting a Rin Pustika.

What did the court decide?

The Review Petition stands disposed upholding the direction to authorities to verify and scrutinize entitlement before deciding.

Tulsi Das Manikpuri, Vs Barsan Das Manikpuri — Writ and Judicial Review | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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REVP No. 22 of 2023

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Tulsi Das Manikpuri, S/o Mahetara Das Manikpuri Aged About 60 Years R/o Village- Chatarkhar, Tahsil And District Mungeli, Chhattisgarh

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---- Petitioner

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Versus

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Barsan Das Manikpuri, S/o Shri Saupat Das Manikpuri Aged About 65 Years R/o Village- Chatarkhar, Tahsil And District- Mungeli, Chhattisgarh

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State Of Chhattisgarh Through The Secretary, Department Of Revenue Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh

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The Collector Mungeli, District - Mungeli, Chhattisgarh

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The Sub Divisional Officer (Revenue), Mungeli, District -Mungeli, Chhattisgarh.

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The Tahsildar Mungeli, District - Mungeli, Chhattisgarh

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---- Respondents

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For Petitioner : Mr. Anand Shukla, Advocate For State : Mr. R. M. Solapurkar, G.A. For Respondent No.1 : Mr. Bhuwneshwar Singh Rajput, Advocate.

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Hon'ble Shri Justice P. Sam Koshy Order on Board

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16/02/2023

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The present Review Petition has been filed seeking review of the order dated 14.11.2022 in WPC No. 4653 of 2022.

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The aforesaid Writ Petition stood disposed of on 14.11.2022 at the behest of Barsan Das Manikpur the non-applicant No. 1 in the present Review Petition and on an application filed by the Non-Applicant No. 1 seeking for a direction to the concerned Tehsildar in deciding his claim for issuance of a Rin Pustika (Parchi). This Court while disposing of the Writ Petition had directed the State authorities to take an appropriate decision within an outer limit of 60 days on the application so moved by the Non-Applicant No. 1.

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The Review Petition now has been filed seeking for modifying the order to the extent that the respondent-authorities shall duly verify and after

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due scrutiny of the entitlement part of the Non-Applicant No.1 to take an appropriate decision.

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This Court is of the opinion that it goes without saying that when this Court had directed the respondent-authorities to take an appropriate decision, it does mean that there has to be a due appreciation of the facts. There also needs to be a due scrutiny and verification of the entitlement on the Non-Applicant No. 1 so far as his claim for issuance of Rin Pustike (Parchi) is concerned. The Review Petitioner herein, if at all, if he has entered appearance before the authorities concerned and has raised certain objections, the authorities are expected to consider that also while taking an appropriate decision. This Court while disposing of the aforesaid Writ Petition i.e. WPC No. 4653 of 2022 had not in any manner expressed any opinion on merits so far as entitlement part is concerned.

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The authorities concerned have to take a decision after due and proper enquiry strictly in accordance with law. The present Review Petition accordingly stands disposed of.

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Sd/- (P. Sam Koshy) Judge

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Jyoti

Tulsi Das Manikpuri, v. Barsan Das Manikpuri

Case brief

What is this about?

What did the court decide?

Tulsi Das Manikpuri, v. Barsan Das Manikpuri

Case brief

What is this about?

What did the court decide?

What the court decided

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