Kapur Chand v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1391 of 2018 Kapur Chand S/o Late Shri Kariya Caste- Satnami, Aged about 47 years, R/o Village - Bakarkuda, Post - Tikari, Police Station and Tahsil Masturi, District Bilaspur (C.G.) ---- Petitioner

Versus

1. State of Chhattisgarh, through the Secretary, Revenued and Disater Management Department, Mahanadi Bhawan, New Raipur (C.G.)

2. The Tahsildar, Masturi, District Bilaspur (C.G.)

3. Kaushal S/o Shri Ghanaram, Caste- Satnami, R/o Village Bakarkuda, Post - Tikari, Police Station and Tahsil Masturi, District Bilaspur (C.G.) ---- Respondents For Petitioner :

Mr. Rishi Rahul Soni, Advocate.

For Respondents / State :

Mr. R. N. Pusty, Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 15/05/18 1.

Learned counsel appearing for the petitioner would submit that the Tahsildar, Masturi has not granted proper opportunity of hearing to the petitioner against the proceeding initiated by respondent No. 2 under Section 248 of the Chhattisgarh Land Revenue Code, 1959. 2.

Learned counsel for the respondents would submit that petitioner will be given full opportunity to defend himself.

3.

I have heard learned counsel for the parties. 4.

In view of the aforesaid submission made by learned counsel for the respondents, this writ petition is disposed of directing the Tahsildar, Masturi

to give full opportunity of hearing to the petitioner to defend himself and thereafter, proceed further in accordance with law and pass a reasoned and speaking order.

5.

With the aforesaid observation, the writ petition is disposed of. No order as to cost(s).

SD/- (Sanjay K. Agrawal) Judge Priyanka