Dhani Ram Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WA No. 473 of 2016 Dhani Ram Sahu S/o Shri Tiharu Sahu, Aged About 62 Years R/o village Birra, Tahsil Champa, Civil & Revenue District Janjgir Champa Chhattisgarh ---- Appellant

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Revenue Mahanadi Bhawan, New Raipur, Civil And Revenue District Raipur Chhattisgarh

2. The Collector, Janjgir, Civil & Revenue District Janjgir Champa Chhattisgarh

3. The Tahsildar, Champa, Civil And Revenue District Janjgir Champa Chhattisgarh

4. The Nayab Tahsildar, Bemhanindih, Civil And Revenue District Janjgir Champa Chhattisgarh

5. The Sarpanch, Village Panchayat Birra, Tahsil Champa, Civil And Revenue District Janjgir Champa Chhattisarh ---- Respondents For Appellant :

Shri P.M. Srivas For Respondents/State :

Shri Adhiraj Surana, Dy. Government Advocate Honb'e Shri Justice Pritinker Diwaker & Hon'ble Shri Justice Chandra Bhushan Bajpai

ORDER

Per P. Diwaker, J 04/10/2016 1.

Learned counsel for the appellant submits that he may be permitted to withdraw this appeal with liberty to approach the Sub Divisional Officer assailing the action of Tehsildar. He further submits that the Sub Divisional Officer be

directed to entertain the application ignoring the point of limitation and to decide the same.

2.

Learned counsel for the State has no objection so far as withdrawal of the Writ Appeal is concerned. He, however, submits that in the eventuality of approaching the Sub Divisional Officer, he shall decide the case in accordance with law.

3.

Permission granted.

4.

The appellant is permitted to withdraw this appeal with the aforesaid liberty. Needles to say that if the appellant approaches the Sub Divisional Officer, it is expected from the Sub Divisional Officer to act in accordance with law.

5.

The appeal is dismissed as withdrawn.

Sd/ Sd/ (Pritinker Diwaker) (Chandra Bhushan Bajpai) Judge Judge s/