Laxmi Pujari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 812 of 2016 Laxmi Pujari D/o Late Shri B.L. Pujari, Aged About 53 Years R/o Pujari Niwas, M.G. Road, P.S. Moudhapara, Raipur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Collector, Raipur District Raipur Chhattisgarh

2. Smt. Seema Devi Agrawal, W/o Shri Ashok Agrawal, Aged About 45 Years R/o Anupam Nagar, Tehsil Raipur, District Raipur Chhattisgarh

3. Board Of Revenue, Chhattisgarh Through The Secretary Circuit Court Raipur, Raipur District Raipur Chhattisgarh ---- Respondents For Petitioner :

Mr. Jitendra Pali, Advocate.

For State :

Mr. Satish Gupta, Government Advocate.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 04/04/2016 Heard.

1.

Learned counsel for the petitioner submits that even though, revision is not maintainable, there being a remedy of appeal available to respondent No.2, revision petition has been entertained by the Board of Revenue. It is also submitted that respondent No.2 cannot file revision as she is not aggrieved person. 2.

At this stage, the Board of Revenue has only issued notice to the parties. The revision has been admitted for hearing. There is nothing to show that the petitioner submitted any objection in writing to maintainability of the petition on the ground which are now being

raised before the Court. The petitioner should first raise objection to the maintainability of the revision on the grounds which are now being raised before this Court.

3.

If the petitioner submits objection in writing on the ground which are being raised before this Court, the Board of Revenue shall first decide the same by speaking order before proceedings further in the matter.

4.

With the aforesaid observations, the petition is disposed off. Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha