Shivkumari v. Dr. Chandrika Sahu

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1132 of 2017 Shivkumari D/o Ramulal Tarak Aged About 48 Years Resident Of Village - Banjari, Tahsil - Abhanpur, District - Raipur Chhattisgarh ---- Petitioner

Versus

1. Dr. Chandrika Sahu S/o Shivcharan Sahu, Resident Of Village - Banjari, Tahsil - Abhanpur, District - Raipur Chhattisgarh

2. State Of Chhattisgarh, Through: Collector, Raipur, District - Raigarh Chhattisgarh

3. The Board Of Revenue, Bilaspur, Camp Court Raipur, District - Raipur Chhattisgarh ---- Respondents For Petitioner :

Shri Vineet Kumar Pandey, Advocate For Respondent / State :

Shri Chandresh Shrivastava, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 28/06/2017 Challenge is to impugned order dated 25/07/2016 on the ground that revision petition has been dismissed without recording any reason and at the same time, holding it to be premature and suffers from technical defects. The order, to say the least, is non-speaking. The Commissioner passed an order dated 16/07/2015 remanding the case to Tahsildar. This order is clearly revisable. Once an order is passed, the revision petition would be maintainable and cannot be said to be premature.

What technical defects warranted dismissal of the revision petition has not been stated in the order. Therefore, the impugned order is set aside. The Board of Revenue shall consider petitioner's revision on its own merits. This petition is accordingly allowed.

Sd/- (Manindra Mohan Shrivastava) Judge Deepti