Kushpal Singh Gill v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(227) No. 205 of 2018

1. Kushpal Singh Gill, S/o. Late Avtar Singh Gill, Aged About 55 Years.

2. Smt. Jasbir Kaur, W/o. Kushpal Singh Gill, Aged About 51 Years.

3. Malkit Singh, S/o. Late Avtar Singh Gill, Aged About 46 Years.

4. Smt. Avtar Kaur, W/o. Late Avtar Singh Gill, Aged About 77 Years. All are R/o. Devendra Nagar, Raipur, Police Station- Civil Lines, Raipur, District Raipur, Chhattisgarh.

---- Petitioners

Versus

1. State Of Chhattisgarh, Through The Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh.

2. The Sub Registrar, Raipur, District Raipur, Chhattisgarh.

3. District Registrar (Registration Officer) Raipur, District Raipur Chhattisgarh.

4. Swami Asheshananda Saraswati, Aged About 66 Years, Disciple Of Paramahansa Satyananda Saraswati, Saraswati Vihar Yoga Vidyalaya, Present Address House Of Yogesh Thidke, J-1, Sales Tax Colony, Khamardih Road, Raipur, Tahsil & District Raipur, Chhattisgarh. ---- Respondents --------------------------------------------------------------------------------------------------- For Petitioner :

Mr. Ashish Surana, Advocate For State :

Mr. S.R.J.Jaiswal, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 09.03.2018 Heard 1.

The instant petition is being filed with a prayer to decide the Civil Suit No.225A/2014 (Kushpal Singh Gill & Ors. v. State of Chhattisgarh & Ors.) within specified period of time. 2.

Learned counsel for the petitioners submits that the Civil Suit was filed in the year 2014 when the deed of assignment when was presented for registration was refused by the Registrar. In view of this, the suit was filed under Section 77 of the Registration Act, 1908. He submits that assignment of the lease was made by the

respondent No.4 and since the lease has expired any delay of decision of suit will further lead to multiplicity of proceedings. Therefore, he submits that without going into merit, the trial Court may be directed to decide the suit forthwith. 3.

Considering the prayer made, taking into nature of the dispute, it is directed that the Trial Court shall make all endeavor to decide the case within one year from the date of production of a copy of this order.

4.

With such observation, the petition stands disposed off. Sd/- (Goutam Bhaduri) Judge Ashok