Hursi v. Rameshwar

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2676 of 2018

1. Hursi, son of Rupa, Caste - Mahkul, aged about 62 years,

2. Purno, son of Rupa, Caste - Mahkul, aged about 52 years, Both are resident of village Bataikela, Tahsil Kansabel, District Jashpur (CG) ---- Petitioner

Versus

1. Rameshwar, son of Duryodhan,

2. Purno, son of Duryodhan,

3. Janardan, son of Kurso,

4. Budhu, son of Leela,

5. Jageshwar, son of Leela,

6. Nando, son of Mohan,

7. Kumari, daughter of Mohan,

8. Purno, son of Mohan, No.1 to 8 all by Caste - Mahkul, resident of Village Bataikela, Tahsil Kansabel, District Jashpur (CG)

9. The Commissioner, Ambikapur Division, District Surguja (CG) ---- Respondent For Petitioners : Shri JK Saxena, Advocate.

For Respondent/State : Shri Samir Behar, Panel Lawyer. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 22/10/2018 :

1. Learned counsel for the petitioners would submit that the case No.90/A6A/2010-11, village Bataikela, Tahsil Kansabel, which is a second appeal, is pending consideration before the Commissioner (Revenue), Ambikapur since 2011, therefore, the said appellate authority be directed to decide the appeal at the earliest.

2. On being asked as to why complete order sheet of the above said second appeal has not been filed with the writ petition, learned counsel would explain that the record of the appeal is not traceable in the office of Commissioner, Surguja Division, therefore, he is not in a position to file or submit certified copy and that is the reason why the appeal is not decided on merits.

3. Considering the entire fact situation of the case, the Writ Petition is disposed of with a direction to the Commissioner, Revenue Division Ambikapur to consider and decide the petitioners' appeal No.90/A6A/2010-11, at the earliest, preferably within a period of 3 months from the date of production of certified copy of this order. Sd/- Judge (Prashant Kumar Mishra) Barve