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High Court Of ChhattisgarhWP227/473/2015dismissed

Mehi Lal And ANR. v. State Of Chhattisgarh And ORS.

2015-07-01Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No.473 of 2015

1. Mehi Lal S/O Late Hira Lal Gupta @ Late Banarasi Lal Gupta Aged About 63 years

2. Santosh Kumar Gupta S/O Late Hira Lal Gupta @ Late Banarasi Lal Gupta Aged About 63 Years Both R/o Ward No.15 Manendragarh, District Korea (Chhattisgarh) ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary Revenue Department, Mantralaya, Raipur (Chhattisgarh)

2. State Of Chhattisgarh Through Collector, Korea, District Baikunthpur (Chhattisgarh)

3. Shri Ramanuj Agrawal President Bhupendra Club, In Front Of Jain Mandir Manendragarh District Korea (Chhattisgarh) ---- Respondents For Petitioners.

Shri Shakti Raj Sinha, Advocate For Respondent No.1 & 2: Shri Vinod Tekam, Panel Lawyer Order On Board 01/07/2015 Heard.

2.

This petition is directed against order dated 27-04-2015 passed by the trial Court, by which, an application under Order 7 Rule 14 C.P.C. For bringing additional document on record has been rejected.

3.

Learned counsel for the petitioner argued that the orders passed by the Collector and the other revenue authorities in appellate revisional proceedings are relevant to establish the petitioner's title in respect of the subject land. 4.

A perusal of the order shows that the document which the petitioner seeks to

-2bring on record after five years of filing of a suit, were already examined in civil proceedings and the order passed by the Collector declared null and void. The suit of the petitioner is for declaration of title based on hostile possession. Therefore, in these circumstances, I do not find any illegality of jurisdictional nature warranting interference of this Court in exercise of supervisory jurisdiction under Article 227 of the Constitution of India. This is moreso when no miscarriage of justice, would result on account of refusal to bring on record the order of revenue authority, which has been declared null and void in separate proceedings.

5.

In the result, the petition is without merit. Accordingly, the petition is dismissed. Sd/- Manindra Mohan Shrivastava JUDGE Tumane