Suresh Kumar Jagatramka v. Nazul Officer, Raigarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (227) NO. 640 OF 2016 Suresh Kumar Jagatramka, S/o Late Shri Banwari Lal Jagatramka, aged about 60 years, R/o Gandhi Chauk, Raigarh, Tahsil and District Raigarh, Civil and Revenue District Raigarh (C.G.) ... Petitioner

Versus

1.

Nazul Officer, Raigarh, District Raigarh, Civil and Revenue District Raigarh (C.G.) 2.

Sandeep Kumar, S/o Suresh Kumar Jagatramka, aged about 32, R/o Gandhi Chauk, Raigarh, Tahsil & District Raigarh (C.G.) ... Respondents For Petitioner :

In person.

For Respondent No.1 :

Mr. Bhaskar Payashi, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 22/11/2016 1.

The present petition under Article 227 of the Constitution of India has been filed assailing the order dated 11.7.2016 passed by the District Judge, Raigarh in an unregistered case.

2.

The limited prayer of the Petitioner is that he has filed certain original documents along with the suit which he had filed before the concerned Civil Court and he prays for withdrawal of those documents for his personal use. He submits that the certified copies of those documents have already been filed by him before the concerned Court and that the said documents are important documents which he would require for any other purposes. He further submits that in any case the matter was compromised by way of a compromise arrived at between the parties and therefore the retaining of those documents with the Court file is of no consequence.

-23.

Counsel for the State submits that so far as the documents which have been filed by the Plaintiff before the concerned Civil Court can be released to him on account of the fact that those documents do not seem to have been impounded by the concerned Court and unless it is impounded there is no impediment in releasing the same to the Plaintiff. 4.

Accordingly, it is ordered that the documents which have been filed by the Plaintiff/Petitioner before the Court below subject to his furnishing the certified copies of those documents, the original shall be returned back to him.

5.

The petition thus is allowed and disposed of accordingly. Sd/- (P. Sam Koshy) /sharad/ Judge