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High Court Of ChhattisgarhWPC/205/2016dismissed

Deendayal Patel v. Sheetla Ram

2016-01-25Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 201 of 2016 • Sanjay Kumar S/o Ramadhar Gond, Aged About 41 Years R/o Village Lokhandi, Police Station Koni, Tahsil Takhatpur, District Bilaspur (Chhattisgarh), Civil & Revenue District Bilaspur (Chhattisgarh) ---- Petitioner

Versus

1. Sheetla Ram S/o Baburam, Aged About 63 Years Caste Kahar, R/o Village Gautiya Para Lokhandi, Police Station Koni, Tahsil Takhatpur, District Bilaspur (Chhattisgarh), Civil & Revenue District Bilaspur (Chhattsigarh)

2. Smt. Seeta Bai, W/o Naresh Kumar, Aged About 42 Years Caste Kahar, R/o Village Lokhandi, Police Station Koni, Tahsil Takhatpur, District Bilaspur (Chhattisgarh), At Present Chantidih, Police Station Sarkanda, Tahsil & District Bilaspur (Chhattisgarh), Civil & Revenue District Bilaspur (Chhattisgarh)

3. Chhattisgarh Board Of Revenue, Bilaspur, Police Station Civil Lines, Tahsil & District Bilaspur (Chhattisgarh), Civil And Revenue District Bilaspur (Chhattisgarh)

4. Additional Tahsildar Ganiyari, Police Station & Tahsil Kota, District Bilaspur (Chhattisgarh), Civil And Revenue District Bilaspur (Chhattisgarh) ---- Respondent And WPC No. 205 Of 2016 • Deendayal Patel S/o Late Bisheshar Patel, Aged About 51 Years Caste Marar, R/o Village Lokhandi, Police Station Koni, Tahsil Takhatpur, District Bilaspur (Chhattisgrh), Civil & Revenue District Bilaspur, (Chhattisgrh) ---- Petitioner Vs

1. Sheetla Ram S/o Baburam, Aged About 63 Years Caste Kahar, R/o Village Gautiya Para Lokhandi, Police Station Koni, Tahsil Takhatpur, District Bilaspur (Chhattisgrh), Civil & Revenue District Bilaspur (Chhattisgrh)

2. Smt. Seeta Bai, W/o Naresh Kumar, Aged About 42 Years Caste- Kahar, R/o Village Lokhandi, Police Station Koni, Tahsil Takhatpur, District Bilaspur (Chhattisgarh) At Present Chantidih, Police Station Sarkanda, Tahsil & District Bilaspur, Civil & Revenue District Bilaspur, (Chhattisgarh)

3. Chhattisgarh Board Of Revenue, Bilaspur, Police Station Civil Lines, Tahsil & District Bilaspur (Chhattisgarh) Civil And Revenue District

Bilaspur, (Chhattisgarh)

4. Additional Tahsildar Ganiyari, Police Station & Tahsil Kota, District Bilaspur (Chhattisgarh), Civil And Revenue District Bilaspur, (Chhattisgarh) ---- Respondent For Petitioners Mr. Ratnesh Kumar Agarwal, Advocate For Respondent/State Mr.Adhiraj Surana, Dy. G.A.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 25/1/2016 Heard.

(2) In both the writ petitions, the respective petitioners are aggrieved by the common order passed by the Board of Revenue, whereby, the Board has set-aside the orders passed by the Tehsildar on 11.12.2000 and by the SDO on 23.08.2004 with further direction to correct the record in terms of the decree passed by the Civil Court on 15.05.1998.

(3) Since the decree passed by the Civil Court is binding on any Revenue Court, the Board of Revenue has not committed any such illegality which warrants interference of this Court under Article 226 of the Constitution of India. If the petitioners are aggrieved, remedy for them lies in assailing the decree passed by the Civil Court. (4) For the foregoing, no case for entertaining this writ petition is made out. It is accordingly dismissed. Sd/- Judge (Prashant Kumar Mishra) Shyna