Dindayal Chaturvedi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No.834 of 2018 Dindayal Chaturvedi S/o Late Shri Mohan Lal Chaturvedi, aged about 68 years, Occupation-Pensioner, Caste-Bramhin, Resident of Baikunthpur Ward No.13, Raigarh, Tahsil and District-Raigarh ---- Petitioner

Versus

1. State of Chhattisgarh, through Collector, Raigarh, District-Raigarh (CG)

2. Nazul Officer, Raigarh, Nazul Department, Raigarh, District Raigarh (CG)

3. Vishnu Kumar Mittal, S/o Radhakishan Mittal, Residence of Gandhi Ganj, Raigarh, Tahsil and District Raigarh (CG)

4. Harishchandra Sharma S/o Chandagani Ram Sharma, residence of Dailing Point, Near Gandhi Statue, Raigarh, Tahsil District Raigarh (CG) ---- Respondents For Petitioner :

Mr.Vineet Kumar Pandey, Advocate For Respondents No.1&2 :

Mr.Arun Sao, Dy.A.G.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 04/10/2018

1. By the impugned order, application for framing additional issue has been rejected by the trial Court holding that issue already framed would cover the proposed issue, against which, this writ petition has been filed by the petitioner herein.

2. I have heard learned counsel for the parties and perused the impugned order.

3. Since the trial Court has already been held that proposed issue would be covered by issue No.4, 5, 6 and 7, therefore, in my considered opinion, there is no need to interfere with the impugned order. However, the plaintiff is at liberty to lead evidence with regard to proposed issue, which is said to be covered by issue No.4, 5, 6 and 7.

4. With the aforesaid observation, the writ petition finally stands disposed of. No cost(s).

Sd/- (Sanjay K. Agrawal) Judge B/-