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High Court Of ChhattisgarhWPC/2341/2014disposed off

Sevak Das v. State Of Chhattisgarh And ORS.

2018-09-11Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2341 of 2014 • Sevak Das S/o Shri Amar Das Aged About 44 Years R/o Village Bilaigarh, Police Station and Tahsil Dabhra, Civil And Revenue Distt. Janjgir Champa, C.G.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhawan, Mantralaya, New Raipur, Police Station Rakhi, District Raipur (C.G.)

2. Board Of Revenue, Chhattisgarh Bilaspur, Through President, Revenue Board, Chhattisgarh, Bilaspur, C.G.

3. Upper Commissioner, Bilaspur, Division Bilaspur, Distt. Bilaspur C.G.

4. The Sub Divisional Officer (Revenu), Dabhra, District Janjgir -Champa, Chhattisgarh

5. The Nayab Tahsildar, Dabhra, District Janjgir - Champa, Chhattisgarh

6. Amar Das, S/o Shri Bhodwa Das, Aged About 80 Years, R/o Village Bilaigarh (C), Tahsil Dabhra, Distt. Janjgir Champa, C.G. ---- Respondents For Petitioner Shri Sanjay Dewangan, Advocate For Respondent-State Shri Rajendra Tripathi, PL Hon'ble Justice Mr. Prashant Kumar Mishra Order On Board 11/09/2018 1.

By order impugned in this writ petition, the Board of Revenue has dismissed petitioner's revision application, which in turn was preferred against the Additional Commissioner, Bilaspur's order dated 21.06.2012 refusing to mutate petitioner's name over the

subject land in place of name of respondent Amar Das. 2.

It appears, there is dispute in respect of succession of land, which earlier belonged to one Bodhwa Das. The dispute is thus purely of civil nature, which needs to be adjudicated and settled by the jurisdictional Civil Court.

3.

Let the petitioner move a duly constituted civil suit before the jurisdictional Civil Court to establish his title. 4.

For a period of 6 months from today, the parties shall maintain status-quo, which shall remain subject to any order of temporary injunction passed by the Civil Court, if the petitioner moves any such application. The order of status-quo passed by this Court shall lose its efficacy after 6 months.

5.

The writ petition stands disposed of.

Sd/- Prashant Kumar Mishra Judge Nirala