Amrika Bai Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

Amrika Bai Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Withdrawal of the writ petition with liberty to file an application raising the aforesaid grounds before respondent No.2/Sub-Divisional Officer, Bemetara, which, if filed, is to be decided within 60 days with due opportunity of hearing; pending applications also stand disposed of.

Issue for consideration

Whether the petitioner may be permitted to withdraw this writ petition with liberty to file an application before respondent No.2/Sub-Divisional Officer, Bemetara to raise the grounds relating to the stay order passed without notice.

Ratio / Principle

This court permitted the petitioner to withdraw the writ petition, with liberty to file an application to raise the aforesaid grounds before respondent No.2/Sub-Divisional Officer, Bemetara after entering his appearance there.

Key takeaways

If such application is filed by the petitioner, it shall be considered and decided by respondent No.2 within 60 days of receipt, after providing due opportunity of hearing to the parties.ratio¶21

Detailed headnote1 paragraphs

High Court of Chhattisgarh, Bilaspur (Naresh Kumar Chandravanshi J.), order dated 09/12/2024, disposed WPC No. 5878 of 2024 filed by Amrika Bai concerning a stay order passed by respondent No.2/Sub Divisional Officer, Bemetara in Revenue Case No.202410230500005 / A-27 / 202425, the appeal filed by respondent No.4 Harishankar Verma challenging the order dated 07.10.2024 of the Tehsildar, Nandghat (Revenue Case No.57/A-27/2017-18) mutating the petitioner's name in the revenue record — an order upheld up to the Board of Revenue, with respondent No.4's earlier writ petition dismissed by the High Court. As the stay order was reportedly passed without notice to the petitioner, the court permitted withdrawal of the writ petition with liberty to enter appearance before respondent No.2 and file an application raising those grounds, to be considered and decided within 60 days with due opportunity of hearing; pending applications were likewise disposed of. No statute or precedent is cited in the judgment text.

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2024:CGHC:48268

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPC No. 5878 of 2024

Amrika Bai W/o Shri Shivratan Verma Aged About 54 Years R/o Village Akoli, Tehsil Bhatapara, District Baloda Bazar Bhatapara (CG) ... Petitioner

versus

1 - State Of Chhattisgarh Through Secretary, Revenue And Disaster Management Department, Mahanadi Bhawan, Mantralaya, New Raipur District Raipur (C.G.) 2 - Sub Divisional Officer Bemetara, District Bemetara (CG)

3 - Tehsildar Up Tehsil Nandghat, District Bemetara (C.G).

4 - Harishankar Verma S/o Late Shri Shisupal Aged About 47 Years R/o Village Itai, PS Nandghat Tehsil Navagarh District Bemetara (CG) ... Respondents

(Cause title, as taken from CIS)

For Petitioner : Mr. P. Acharya, Advocate For State/Respondents No.1 to 3 : Ms. Poorva Tiwari, Panel Lawyer

(Hon’ble Shri Justice Naresh Kumar Chandravanshi)

Order on Board

09/12/2024

Heard.

Learned counsel for the petitioner would submit that the respondent No. 4 has filed appeal bearing Revenue Case No.202410230500005 / A-27 / 202425 (Annexure-P/7) before the respondent No.2/Sub Divisional Officer, Bemetara challenging the order dated 07.10.2024 (Annexure-P/5) passed by respondent No.3/Tehsildar, Nandghat in Revenue Case No.57/A-27/2017-18, whereby respondent No.3 has passed the order to mutate the name of petitioner in revenue record of disputed land, as the same has been upheld up to Board of Revenue and writ petition filed by respondent No.4 has also

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been dismissed by the High Court, despite that, respondent No.2 has passed impugned stay order. During course of submission, when specific question was posed to the counsel for the petitioner that, whether he has raised all these grounds before the respondent No.2 or not, then he submitted that aforesaid order has been passed without issuing notice to him, and till date, notice has not been served to him, therefore, he submitted that he may be permitted to withdraw instant writ petition with liberty to file application to raise all aforesaid grounds before the respondent No.2.

Learned State counsel has no objection to allow the aforesaid prayer made by counsel for the petitioner.

Having considered the aforesaid facts and particularly considering the fact that, as contended by counsel for the petitioner that the matter has already been settled up to Board of Revenue, even writ petition filed by respondent No.4 has also been dismissed, therefore, petitioner is permitted to withdraw this writ petition with liberty to file application to raise all aforesaid grounds before the respondent No.2/Sub-Divisional Officer, Bemetara after entering his appearance before it and if application is filed by petitioner, then it be considered and decided within a period of 60 days from the date of receipt of application after providing due opportunity of hearing to the parties.

With aforesaid observations and directions, the instant writ petition stands disposed of .

Pending application(s), if any, also stands disposed of.

Sd/-

(Naresh Kumar Chandravanshi)

JUDGE

Rukhsar