High Court Of ChhattisgarhWP227/869/2014disposed off

Suresh Kumar Bhagwani v. State Of Chhattisgarh And ORS.

2018-10-31Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No.869 of 2014 Suresh Kumar Bhagwani, S/o. Late Shri Ishwar Das Bhagwani, aged about 54 years, R/o. Ward No.9, Nevra, Police Station & Post Nevra, Tahsil Tilda, Civil & Revenue District Raipur (CG) ----Petitioner

Versus

1. State of Chhattisgarh through Secretary, Revenue Department, Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur (CG)

2. Collector, Raipur, District Raipur Chhattisgarh

3. Nazul Officer, Raipur, District Raipur, Chhattisgarh

4. Tahsildar, Tilda, District Raipur, Chhattisgarh

5. Upper Collector, Raipur, District Raipur, Chhattisgarh

6. Nanak Ram S/o Megha Mal, aged about 89 years

7. Kanhaiya Lal S/o. Nanak Ram, aged about 59 years

8. Om Prakash S/o. Nanak Ram, aged about 51 years Respondent No. 6 to 8 are R/o. Tilda, Police Station Tilda, Civil & Revenue District Raipur (CG) ---- Respondents For Petitioner :

Mr.Manoj Paranjape, Advocate For Respondents No.1 to 5 :

Mr.Arun Sao, Dy.A.G.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 31/10/2018

1. Learned counsel for the petitioner would submit that despite the petitioner having been impleaded as party in the revenue proceeding, without hearing him the impugned order was passed, that is totally unsustainable and bad in law and when review petition was filed, that

was also dismissed holding that the petitioner is not necessary party.

2. On the other hand, Mr.Arun Sao, learned Deputy Advocate General for respondents No.1 to 5/State, would submit that all the pleas raised by the petitioner in this writ petition be permitted to be raised by filing appropriate representation before the Commissioner, Division Raipur.

3. Be that as it may, the petitioner is permitted to make a representation before the Commissioner, Raipur Division within a period of three weeks from today. If such a representation is made, the Commissioner, Raipur Division would consider and decide the same within a period of three months from the date of its receipt after hearing all the parties.

4. With the aforesaid observation, the writ petition finally stands disposed of. No cost(s).

Sd/- (Sanjay K.Agrawal) Judge B/-