Mohit Kumar v. Ashok Kumar Tiwari
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No.807 of 2015
1. Mohit Kumar S/o Kamal Nayan Narsariya Aged About 45 Years For - Shristi Infrabuild Pvt Ltd. 2nd Floor Krishna Son Chhatra Compound Kotak - Mahendra Bank, Near Shiv Talkies Chowk, Bilaspur (C. G.)...................(Non Applicant)
2. Manish Jain S/o Madan Lal Jain For - Shristi Infrabuild Pvt Ltd. 2nd Floor Krishna Son Chhatra Compound Kotak - Mahendra Bank, Near Shiv Talkies Chowk, Bilaspur (C. G.)......................(Non Applicant) ---- Petitioner
Versus
1. Ashok Kumar Tiwari S/o Rajendra Nath Tiwari Power Of Attorney Holder For Smt. Shakuntala Devi Tiwari R/o Nayapara Bodri, Tahsil Bilha, Distt. Bilaspur (C.G.)....................(Applicant)
2. State Of Chhattisgarh, Through Collector, Bilaspur, (Chhattisgarh) (Non Applicant) ---- Respondent For Petitioners :
Shri Sri Kumar Agrawal, Sr. Adv. With Shri A. K. Gupta, Adv.
For Respondent No.1 :
Shri Sushil Dubey, Advocate For Respondent No.2 :
Ms. K. Tripti Rao, PL Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 01/04/2016 Heard.
2.
During the Course of arguments, learned counsel for petitioner submits that recently it has come to the notice that the respondent No.1 had earlier filed a revision petition before the Additional Collector arising out the same proceedings, which was dismissed as withdrawn. This fact was suppressed and the revision was filed before the Board of Revenue directly against the order of Tahsildar.
3.
The grounds, which are now been stated before the Court, related to an issue, was not before the Board of Revenue. The petitioner may bring it to the
notice of the Board of Revenue by way of filing suitable review application, which shall be considered by the Board of Revenue in accordance with law taking into consideration the aforesaid fact of withdrawal of revision petition by the respondent No.1 before the Additional Collector. 4.
Accordingly, this petition is finally disposed off. Sd/- Manindra Mohan Shrivastava Judge Tumane