Mahesh Agrawal v. Shri A. K. Behar

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 619 of 2017 Mahesh Agrawal S/o Shri Motilal Agrawal Aged About 45 Years R/o Purana Sadar Bazar, Raigarh, Tahsil And District Raigarh Chhattisgarh ---- Petitioner

Versus

Shri A. K. Behar Nayab Tahsildar, Pusaur District Raigarh Chhattisgarh ---- Respondent Shri Amrito Das and Shri P. Acharya, counsel for the petitioner/s. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 26/10/2017 Learned counsel for the petitioner submits that the respondent authority is not re-entering the name of the petitioner even though the order by which, the name of the petitioner has been struck off, has been set aside by this Court. 2.

It appears that the order passed in the writ petition by which, the name of the petitioner has been struck off, was set aside by this Court on 13/04/2016. Thereafter, the petitioner had submitted an application that his name should be re-entered. Though this Court is of the view that in the matters like this, where the very basis for striking out the name has been removed by judicial order, the authority should pass a fresh order. It would not be a matter of contempt as such. The petition is accordingly dismissed.

3.

The petitioner would be at liberty to seek appropriate direction before the appropriate authority for re-entering his name in the revenue record. Sd/- (Manindra Mohan Shrivastava) Judge Deepti