High Court Of ChhattisgarhWPC/3454/2021disposed off

Ajay Kumar Gauraha v. State Of Chhattisgarh

2021-08-26Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3454 of 2021 • Ajay Kumar Gauraha S/o Shri Gourishankar Gauraha Aged About 58 Years Caste- Bramhan, Residence Of Village Post - Singhari, Revenue Circle Beltara, P.S. Ratanpur Tahsil And District- Bilaspur (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Collector, Bilaspur, District - Bilaspur (Chhattisgarh)

2. The Tahsildar Bilaspur, District- Bilaspur (Chhattisgarh)

3. Shradha Kumari D/o Late Gourishankar Gauraha W/o Late Prakash Sharma, Residence Of Bajrang Chowk, P.S. And Tahsil Pali, District - Korba (Chhattisgarh)

4. Rajay Kumar Gauraha S/o Shri Gourishankar Gauraha Residence Of Village Post- Singhari, Revenue Circle Beltara, P.S. Ratanpur, Tahsil And District - Bilaspur (Chhattisgarh)

5. Dhananjay Kumar Gauraha S/o Shri Gourishankar Gauraha Residence Of Village Post - Singhari, Revenue Circle Beltara, P.S. Ratanpur, Tahsil And District- Bilaspur (Chhattisgarh) ---- Respondents For Petitioner :

Shri Santosh Kumar Pandey, Advocate For Respondents/State :

Ms. Astha Shukla, PL Hon'ble Shri Justice Goutam Bhaduri Order 26/08/20

1. Heard.

2. The grievance of the petitioner is that the petitioner has filed an application for partition of their revenue land as against respondents No.3, 4 & 5 and proceeding commenced on 26.07.2016 thereafter the statements have been

recorded but some reason or the other the last for five years the proceedings remains un-concluded. Learned counsel for the petitioner would submit that therefore, the respondent No.2 Tehsildar may be directed to conclude the partition proceeding in case No. (A-27) 201607072600005 within a stipulated time.

3. After perusal of the Annexure P-2 the order-sheet shows that the proceedings for partition commenced on 26.07.2016 and till date it has not been concluded, the documents would show that the statements appears to have been recorded of the parties. In any case, once the statutory proceeding has commenced, it requires to be concluded to its logical end. Taking into the fact that the partition proceedings commenced on 26.07.2016, the respondent No.2 is directed to conclude the same within a period of 45 days from the date of receipt of this order.

4. With the aforesaid observation, the writ petition stands disposed of. SDSd/- Goutam Bhaduri Judge Ashu