Laxminath v. The State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1526 of 2019

1. Laxminath S/o Late Udho Ram Sahu Aged About 62 Years

2. Lakhan Lal S/o Late Udho Ram Sahu Aged About 52 Years Both are R/o Village Kasundh, Tahsil Gundardehi, District Balod, District : Balod, Chhattisgarh ---- Petitioners

Versus

1. The State Of Chhattisgarh Through The Secretary, Department Of Revenue, New Mantralaya, New Raipur Chhattisgarh.

2. The Commissioner Durg Division District Durg Chhattisgarh

3. The Collector District Balod Chhattisgarh.

4. Smt. Agasiya Bai @ Panj Bai D/o Late Udho Ram Sahu Aged About 55 Years W/o Shri Punit Ram Sahu, R/o Village Matwari, Tahsil And District Durg Chhattisgarh.

---- Respondents ----------------------------------------------------------------------------------------------------------- For Petitioners :

Ms. Laxmeen Kashyap, Advocate For State :

Mr. Rahul Jha, G.A.

----------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 29.04.2019 Heard 1.

By the present petition, the petitioner has sought for to direct the Respondent No. 2 to decide the representation made before the Commissioner which has been filed by the petitioner. The pleading of the petitioner would show that the relief has been sought that the Respondent No. 4 may be restrained to execute the sale in respect of the subject land. The representation records the fact that one civil suit is pending before the District Judge, Balod. 2.

In view of the fact that the civil suit is already pending, no order can be passed to decide as it is a matter to be adjudicated by the Civil Court. Thus, the petition has no merits.

3.

Accordingly, the petition is dismissed.

Sd/--- ( Goutam Bhaduri ) Judge Vishakha