Smt. Usha Gupta v. Dadhichi Yadav

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No.488 of 2017 Smt. Usha Gupta, W/o Shri Karamchand Gupta, aged about 46 years, R/o Village Balrampur, P.S. & Tahsil Balrampur, District Balrampur-Ramanujganj (CG).

---- Petitioner

Versus

1.

Dadhichi Yadav, S/o Shri Jagdish Yadav, aged about 65 years, R/o village Dalghowa, P.S. & Tahsil Balrampur, District BalrampurRamanujganj (CG). 2.

Board of Revenue, Bilaspur, through the President Bilaspur, District Bilaspur (CG).

3.

Commissioner, Surguja Division, Surguja (CG). 4.

Collector, Balrampur, District Balrampur-Ramanujganj (CG). 5.

Tahsildar Balrampur, District Balrampur-Ramanujganj (CG). --- Respondents For Petitioner : Mr. Atanu Ghosh and Mr. Varunendra Mishra, Advocates For State : Mr. Shashank Thakur, Govt. Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 20/07/2017 (1) The Board of Revenue, Bilaspur while entertaining the revision has stayed the order dated 22.05.2017 by its impugned order dated 13.06.2017 without notice to the other side against which, this petition under Article 227 of the Constitution of India has been filed by the petitioner.

(2) Learned counsel appearing for the petitioner would submit that the Board of Revenue has committed jurisdictional error in the impugned order dated 13.06.2017 .

(3) I have heard learned counsel for the parties and perused the impugned order.

(4) Since the petitioner has not been heard by the Board of Revenue, the matter is remitted back to the respondent No.2-Board of Revenue to pass fresh order strictly in accordance with law after giving proper opportunity of hearing to the parties on application for grant of stay expeditiously preferably within a period of 15 days from the date of filing of certified copy of this order by the petitioner. (5) With the aforesaid observation, the writ petition stands finally disposed of.

Sd/- (Sanjay K. Agrawal) Judge L/-