Ashok Talmale Vs State of Chhattisgarh

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPC No. 997 of 2022

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Ashok Talmale S/o Shri Gangaram Talmale Aged About 50 Years R/o 15/1038, Kalimata Mandir Marg, Jorapara, Raipur, Police Station Moudhapara, Tehsil And District : Raipur, Chhattisgarh

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Tekram Patley S/o Shri Timan Lal Patley Aged About 48 Years R/o V.I.P. City, Saddu, Raipur, Tehsil And District : Raipur, Chhattisgarh

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---- Petitioners

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Versus

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State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh

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Collector, Raipur, District : Raipur, Chhattisgarh

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Raipur Development Authority, Through Chief Executive Officer, Bhakta Mata Karma Vyavasayik Parisar, New Rajendra Nagar, Raipur, District : Raipur, Chhattisgarh

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Tehsildar, Raipur, District : Raipur, Chhattisgarh

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Naib Tehsildar, Raipur, District : Raipur, Chhattisgarh

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---- Respondents

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For Petitioner	: Mr. Ayush Lall, Advocate holding brief on behalf
	of Mr. Surfaraj Khan, Advocate
For State	: Mr. Dilman Rati Minj, Govt. Advocate
For Res. No. 3	: Mr. Pankaj Agrawal, Advocate

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Hon'ble Shri Justice Parth Prateem Sahu Order On Board

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22/07/2024

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Petitioner has filed this writ petition seeking following reliefs:

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“10.1 That, this Hon’ble Court may kindly be pleased to issue a suitable writ (s), order (s), direction (s), by quashing the entire proceeding (Annexure-P/1) pending in the Court of learned Naib Tahsildar Raipur and passed in Revenue Case No. 202102114500101/A-6/2020-21 by the respondent No. 5 and in alternative a suitable direction be passed to the office of learned Naib Tehsildar Raipur to adjudicate the proceeding (Anneuxre P-1) within time frame and during the process/pendency of adjudication, the office of Raipur Development Authority may kindly be directed not to sale/transfer the subject lands (Annexure-P/2) to anyone.

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10.2 That, this Hon’ble Court may kindly be pleased to call the entire records from the Court below for its kind perusal.

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10.3 Any other relief, which may be suitable in the facts and circumstances of the case, may also be granted.

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Learned counsel for petitioner submits that entire proceedings as drawn by the Court of Nayab Tahsildar is erroneous as the Tahsildar has exceeded its jurisdiction upsurping the powers and jurisdiction of higher Revenue Officers. He contended that proceedings initiated by Nayab Tahsildar is having effect of review which is not permissible without obtaining proper sanction in writing from higher Revenue Officer. It is further contended that one revenue proceeding in revenue case No. 664/A-6/2018-19 was registered before respondent No. 5 which was decided finally on the objection of petitioner vide order dated 11.12.2019 and therefore, action on the part of respondent No. 5 of registered new proceeding is bad in law. He, in an alternate submission, contended that respondent No. 5 after registration of case, initiated proceedings vide Annexure-P/1, had stopped proceedings and has not passed any order. Respondent No. 3 is making an attempt to alienate the property subject matter of proceeding before Tahsildar and, therefore, direction be issued to respondent No. 5 to adjudicate upon proceedings pending since 22.02.2021 at the earliest within specified time frame.

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Learned counsel for respondent No. 3 submits that in the relief sought, petitioner has sought a relief either to drop proceedings to be illegal or to adjudicate the case and conclude the proceedings within specified time frame. Respondent No. 3 has also submitted an application under Section 32 of the Chhattisgarh Land Revenue Code, 1959 as it is reflecting from memo dated 19.02.2021. If this Court directs respondent No. 5 to conclude the proceedings as registered in revenue case No. 202102114500101/A-6/2020-21 Annexure-P/1, he is having no

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objection. He also contended that since the date of passing of interim order dated 22.02.2022 in this petition, respondent No. 5 is not proceeding with the case.

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I have heard learned counsel for the respective parties.

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In the writ petition, petitioner has sought for an alternate relief of a direction to respondent No. 5 to adjudicate and conclude the proceedings Annexure-P/1 within specified time frame. Proceeding which is registered pursuant to Annexure-P/1 appears to be a mutation proceeding. The case is pending before respondent No. 5 since 22.02.2021. Further, from the ordersheet, it is appearing that case was fixed for order on 09.07.2021 and thereafter orders have not been passed.

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In the aforementioned facts of the case and looking to the nature of alternate relief sought for by the petitioner in para 10.1 of writ petition, I find it appropriate to dispose of this writ petition at this stage, directing respondent No. 5 to conclude proceedings registered vide Annexure-P/1 providing opportunity to the petitioner and if petitioner files an objection, the same may be considered and decided in accordance with law. It is further directed that respondent No. 5 shall conclude the proceedings following due process of law at the earliest preferably within a further period of three months from the date of receipt of the order. As there is an interim order passed on 22.02.2022 in this writ petition, said interim order shall continue for further period of three months/till passing of final order by respondent No. 5.

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Sd/(Parth Prateem Sahu) Judge

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Shayna

Ashok Talmale v. State of Chhattisgarh

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Ashok Talmale v. State of Chhattisgarh

Case brief

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