Saeed Khan v. Atul Kumar Sahu

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (Cr.) No. 280 of 2020 Saeed Khan, S/o Hatim Khan, aged about 56 years, R/o Maudhapara, Raipur (C.G.) ---- Applicant

Versus

1. Atul Kumar Sahu, S/o Ashok Sahu, R/o Jawahar Lal Nagar, In front of Dena Bank, Raipur, District Raipur (C.G.)

2. Ajay Bajaj, S/o Bhagwat Prasad Bajaj, R/o Ganesh Ram Nagar, Jawahar Bazar, Raipur, Distt. Raipur (C.G.)

3. State of Chhattisgarh, through S.H.O. Police Station - Ganj, Dist. Raipur (C.G.)

4. Sub-Divisional Magistrate, Raipur (C.G.) ----Non-applicants For Applicant : Mr. Awadh Tripathi, Advocate. For Respondents No. 3 & 4 /State : Mr. Animesh Tiwari, Dy. Advocate General. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 25/06/2020 (1) Proceedings of matter have been taken up for hearing through video conferencing.

(2) Learned counsel appearing for the petitioner would submit that the petitioner's Criminal Revision No. 234/2020 is pending in the Court of 8th Additional Sessions Judge, Raipur whereas Sub Divisional Magistrate, Raipur by its order dated 6.6.2020 has directed the petitioner to deliver the possession of the property in dispute to respondent No. 2 and if the order dated 6.6.2020 is allowed to be executed, then the Criminal Revision No. 234/2020 would become infructuous.

(3) I have heard learned counsel appearing for the parties, considering their rival submissions made herein and went through the record with utmost circumspection. (4) Since the substantive criminal revision is pending consideration before the 8th Additional Sessions Judge, Raipurand in which respondent - Atul Kumar Sahu has already been noticed, therefore, it would be expedient to direct the 8th Additional Sessions Judge, Raipur to conclude the hearing of the revision petition expeditiously preferably within a period of three weeks from the date of receipt of certified copy of this order through video conferencing, if possible. (5) For the period of three weeks, effect and operation of the order dated 6.6.2020 passed by the SDM, Raipur shall remain in abeyance. (6) With the aforesaid observations, the writ petition stands finally disposed of. Sd/- (Sanjay K. Agrawal) Judge D/-