Indernath @ Enjor Sai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No.3697 of 2007 • Indernath @ Enjor Sai S/o Jhagruram Aged About 50 Years Caste - Nagwanshi, R/o Village Raikera, Tahsil Sitapur, District Sarguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Revenue, Dks Bhawan, Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. The Board Of Revenue Chhattisgarh, Bilaspur Through Chairman At And Post Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

3. The Collector Sarguja, Ambikapur, District Sarguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

4. The Sub Divisional Officer Ambikapur, District Sarguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

5. Baldev (Dead) Through Lrs. As Per Honble Court Order Dated 08-01-2016. 5.1 - (A). Demni Bai Wd/o Late Baldev Aged About 80 Years 5.2 - (B). Setram S/o Late Baldev Aged About 60 Years 5.3 - (C). Masatram S/o Late Baldev Aged About 62 Years

6. Madhuram (Dead) Through Lrs,. As Per Honble Court Order Dated 08-07-2013. 6.1 - (A). Mahendra Kumar S/o Late Madhu Ram Aged About 45 Years 6.2 - (B). Smt. Tiraje Bai Wd/o Late Madhu Ram Aged About 58 Years

7. Shivbhola Gupta S/o Late Nandlal Aged About 40 Years R/o Village Sitapur, Tahsil Sitapur, District Sarguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

8. Rajesh Gupta S/o Late Nandlal Aged About 38 Years R/o Village Sitapur, Tahsil Sitapur, District Sarguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

9. Yogesh Gupta S/o Late Nandlal Aged About 36 Years R/o Village Sitapur, Tahsil Sitapur, District Sarguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 10.Kabutari Bai Wd/o Late Nandlal Aged About 60 Years R/o Village Sitapur, Tahsil Sitapur, District Sarguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ---- Respondents For Petitioner:

Shri A. K. Prasad, Advocate For Respondents No.1, 3 & 4 :

Shri Aditya Bhardwaj, Panel Lawyer For Respondents No.5(B) &(C): Shri Sanjay Patel, Advocate ____________________________________________________________________________

Single Bench: Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 05/12/2019 1.

This petition under Article 227 of the Constitution of India is preferred against the order dated 14-06-2007 (Annexure P/1) passed by the Board of Revenue in a matter arising out of the order passed by the Sub Divisional Officer in proceedings under Section 170-B of the Chhattisgarh Land Revenue Code, 1959, affirmed by the Collector vide order dated 30-09-2000 passed in an appeal. 2.

At the outset, learned counsel for the parties submit that the order passed by the Sub Divisional Officer was not only challenged by the present petitioner, but also by the other persons namely Tirajo Bai and Mahendra Kumar Paikra, whose petition has been allowed by this Court vide order dated 21-08-2017 passed in WPC No.4264 of 2007 and the impugned order is set aside and the matter has been remitted back to the Board of Revenue for deciding certain issues. 3.

On the other hand, learned counsel for respondents No.5-B & C informs that against order dated 21-08-2017 passed by this Court in WPC No.4264 of 2007, Review Petition has been preferred.

4.

Taking into consideration that the present petition also arises out of the same order, which has already been set aside by this Court vide order dated 21-08-2017 passed in WPC No.4264 of 2007, no further orders are required to be passed in this instant petition. Case is remitted back to the Board of Revenue/lower authority for enquiry in terms of directions contained in order dated 21-08-2017 passed by this Court in WPC No.4264 of 2007.

SD/- (Manindra Mohan Shrivastava) J U D G E Tumane