High Court Of ChhattisgarhWPC/1731/2016dismissed

Kishore Kumar Sharma v. Board Of Revenue

2016-07-11Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1731 of 2016 • Kishore Kumar Sharma S/o Shri Arun Kumar Sharma, Aged About 40 Years R/o State Bank Colony, H. No. 06, Sunder Nagar, Raipur, Tahsil & District Raipur, (Chhattisgarh) ---- Petitioner

Versus

1. Board Of Revenue Through Its President, Bilaspur, District Bilaspur, (Chhattisgarh)

2. Commissioner, Raipur Division, Raipur, District Raipur, (Chhattisgarh)

3. State Of Chhattisgarh, Through Collector, District Raipur, (Chhattisgarh)

4. Sachchidanand Sharma, S/o Late Shri Satyanarayan Tiwari, R/o Chayan Tutorials, Behind Chhattisgarh College, Bairon Bazar, Raipur, District Raipur, (Chhattisgarh) Permanent R/o 48/172, Kankali Para, Lily Chowk, Raipur, District Raipur, (Chhattisgarh)

5. Yogendra Sharma, S/o Late Shri Satyanarayan Tiwari, R/o 48/172, Kankali Para, Lily Chowk, Raipur, District Raipur, (Chhattisgarh)

6. Arun Kumar Sharma, S/o Late Shri Satyanarayan Tiwari, R/o State Bank Colony, H. No. 06, Sunder Nagar, Raipur, Tahsil & District Raipur, (Chhattisgarh) ---- Respondents For Petitioner :

Shri Yogesh Pandey, Advocate For Respondents-State :

Shri Ramakant Mishra, Dy. AG for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 11/07/2016

1. This petition is directed against the observation made by the Board of Revenue (for short 'the Board') in its order dated 28.03.2016 to the effect that the WILL deed was filed incomplete, inasmuch as, page No.4 of the WILL deed is missing.

2. Admittedly, the Board has allowed the petitioner to produce the original WILL deed.

3. Whether or not the petitioner had submitted the WILL deed containing 4 pages or he submitted only 3 pages cannot be adjudicated in writ jurisdiction. It is for the petitioner to convince the Board that he had submitted all the 4 pages of the WILL deed.

4. The issue brought before the writ Court cannot be adjudicated nor any observation can be made that the petitioner had submitted all the 4 pages of the WILL deed.

5. There is no substance in the writ petition, it fails and is hereby dismissed. Sd/- Judge Prashant Kumar Mishra ashu