Chitra Prakash v. Shashikan Kurrey

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 173 of 2017

1. Chitra Prakash S/o Late Satdhanu Kumar, Aged About 48 Years Caste Agharia, Occupation Agriculture, R/o Village And Post Navrangpur, Tahsil Sarangarh, District Raigarh, Chhattisgarh

2. Sakuntla D/o Late Saatdhanu Kumar, Aged About 56 Years

3. Muktida S/o Late Saatdhanu Kumar, Aged About 52 Years

4. Vimla Wd/o Late Saatdhanu Kumar, Aged About 75 Years Caste Agharia, Occupation Agriculture, all R/o Village And Post Navrangpur, Tahsil Sarangarh, District Raigarh, Chhattisgarh (Applicants No.2 to 4 have given the power of attorney to the applicant No.1 to file this contempt petition) ----Applicants

Versus

• Shashikan Kurrey Tahsildar, Sarangarh, District Raigarh, Chhattisgarh ..............(Contemnor) ---- Respondent And CONT No. 174 Of 2017 • Chitra Prakash S/o Late Satdhanu Kumar, Aged About 48 Years Caste Agharia, Occupation Agriculture, R/o Village And Post Navrangpur, Tahsil Sarangarh, District Raigarh, Chhattisgarh ---- Applicant Vs • Shashikan Kurrey Tahsildar, Sarangarh, District Raigarh, Chhattisgarh ..............(Contemnor) ---- Respondent For Applicants :

Shri UR Koshaley, Advocate

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 04/04/2017

1. By common order dated 22.12.2016 passed in WPC No.3189 and 3205 of 2016, the Tehsildar/Nayab Tehsildar was directed to decide the pending partition proceedings at the earliest preferably within a period of six weeks from the date of submission of certified copy of the order. The applicant appears to have submitted an application before the Tehsildar on 31.12.2016, however, perusal of the contents of the application does not demonstrate as to whether the certified copy of the order was presented before the Tehsildar or not.

2. In view of the above, both the contempt petitions are disposed of at this stage with liberty to the applicant to again submit certified copy of the order passed in the writ petition before the Tehsildar requesting him to decide the partition proceedings within six weeks from the date of submission of certified copy of the order. Petitioner shall also submit copy of the present order passed in contempt petitions before the Tehsildar.

3. If the partition proceedings are not decided within the time frame as indicated above, the petitioner would be at liberty to move afresh before this Court.

Sd/- Judge Prashant Kumar Mishra Ashu