High Court Of ChhattisgarhWP227/379/2021disposed off

Durgesh Singh v. Shri G. Infrastructure

2021-08-10Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(227) No.379 of 2021 • Durgesh Singh S/o Late Shri Ramchandra Singh Aged About 43 Years R/o Lingiyadih, Tahsil And District Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. Shri G. Infrastructure Through Its Partner Sourabh Sonchatra, S/o Shashikant Sonchatra, R/o Sonchatra Complex, PGBT College Road, Bilaspur, Chhattisgarh

2. State Of Chhattisgarh Through The Collector, Bilaspur, District Bilaspur, Chhattisgarh

3. Sub Divisional Officer (Revenue) Bilaspur, District Bilaspur, Chhattisgarh

4. Tahsildar Bilaspur, District Bilaspur, Chhattisgarh ---- Respondents For Petitioner - Mr. Goutam Khetrapal, Advocate.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 10-08-2021 Heard.

1. It is submitted by the learned counsel for the petitioner that the petitioner is the owner of landed property bearing Khasra No.15/42. The respondent No.1 has made purchase the property bearing Khasra No.15/148 measuring 0.4050 hectare. The description of the adjacent properties in the sale deed of favour of respondent No.1 is erroneous which shows the properties of the petitioner included in the sale made for the respondent No.1. The petitioner had objected to the mutation

-2proceeding, however, the Tehsildar has passed mutation order in favour of the respondent No.1. The petitioner has challenged the mutation order in appeal before S.D.O. but the same is pending. In the meanwhile, the respondent No.1 has initiated for demarcation of the disputed property. Therefore, this petition has been brought with a prayer for issuance of direction and also for protection of the interest of the petitioner.

2. Considered on the submissions and after perusal of the documents filed along with the petition, this petition is disposed off at the motion stage. The learned S.D.O. Respondent No.3 is directed to expedite the hearing in the appeal filed by the petitioner challenging the order of Tehsildar and decide the same within a period of two months. In the meanwhile, it is also ordered that the demarcation proceeding if any initiated for the property in the dispute, shall be kept in abeyance till the hearing of the appeal before the Court of S.D.O. is concluded.

3. Accordingly, this petition stands disposed off.

4. Certified copy today.

Sd/- Monika (Rajendra Chandra Singh Samant) Judge