High Court Of ChhattisgarhMCC/210/2017disposed off

Ram Sharan v. Shatruhan

2018-04-13Hon'Ble Shri Justice Sanjay Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 210 of 2017 • Ram Sharan, S/o Jogi Ram Kashyap, Aged About 57 Years, R/o Village Choriya, Tehsil Champa, District Janjgir-Champa, Chhattisgarh. Defendant No.1.

---- Applicant

Versus

1. Shatruhan, S/o Shri Panch Ram Thawait, Aged About 52 Years R/o Village Choriya, Tehsil Champa, District Janjgir-Champa, Chhattisgarh. Plaintiff

2. State Of Chhattisgarh, Through Collector, Janjgir, District JanjgirChampa, Chhattisgarh.

3. Dev Singh, S/o Kalesvar, Aged About 55 Years Caste Kashyap, R/o Village Kashyap, Chowki Naila, Police Station Janjgir, District Janjgir-Champa, Chhattisgarh.

4. Dukhni Bai, W/o Lakhan Lal, Caste Kashyap, R/o Village Choriya, Police Station Saragaon, Tehsil Champa, District Janjgir-Champa, Chhattisgarh.

5. Teeja Bai. W/o Bhakau, Caste Kashyap, R/o Village Choriya, Police Station Saragaon, Tehsil Champa, District JanjgirChampa, Chhattisgarh. Defendants ---- Non-Applicants For Applicant : Shri Govind Dewangan, Advocate.

For Non-Applicant No.2/State : Shri Rahul Tamaskar, P.L.

Hon'ble Shri Justice Sanjay Agrawal Order On Board 13.04.2018 Heard on an application filed under Order 44 Rule 1 read with Section 151 of the Code of Civil Procedure, 1908 for seeking permission to prefer an appeal as an indigent person. As per the direction issued by this Court on 08/03/2017, an inquiry was conducted by the Respondent No.2, who in turn submitted a report vide Annexure R-2/1, in which it was found that the present applicant is possessing the Pacca House, as well as land bearing Khasra No. 5, area 3.10 acre situated at Village Choriya, Patwari Halka No. 14, Tehsil Champa, District Janjgir-Champa (C.G.).

In view of the said report, I am not inclined to permit the applicant to prefer the appeal as an indigent person. Accordingly, the application is rejected. The applicant is directed to deposit the entire Court Fee within the period of two months from today. On payment of the said Court Fee, Registry shall register the appeal as a regular First Appeal and shall post the matter thereafter for admission. MCC is accordingly disposed of.

Certified copy of this order be placed before the High Court Legal Service Committee for further communication to the applicant, namely, Ram Sharan.

Sd/- (Sanjay Agrawal) Judge Deepti Jha