Gulab Singh v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4713 of 2021 • Gulab Singh Son of Late Ramprasad, Aged About 47 Years, Cast Kanwar, Resident of Amaldiha, Tahsil Pondi-Uproda, District Korba Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through the Secretary, Revenue and Disaster Management Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur Chhattisgarh

2. The Sub-Divisional Officer (Revenue), Pondi-Uproda, District Korba Chhattisgarh

3. The Naib Tahsidar, Podi-Uproda, District Korba Chhattisgarh

4. Laxman Singh son of Late Ramprasad, Caste Kanwar Resident of Amaldiha, Tahsil Podi Uproda, District Korba Chhattisgarh

5. Raghuvanshmani son of Late Prahlad Singh, Caste Kanwar, Resident of Amaldiha, Tahsil Podi Uproda, District Korba Chhattisgarh

6. Anil son of Late Prahlad Singh Caste Kanwar Resident of Amaldiha, Tahsil Podi Uproda, District Korba Chhattisgarh

7. Ajay son of Late Prahlad Singh Caste Kanwar Resident of Amaldiha, Tahsil Podi Uproda, District Korba Chhattisgarh

8. Manisha D/o Late Prahlad Singh Caste Kanwar Resident of Amaldiha, Tahsil Podi Uproda, District Korba Chhattisgarh

9. Amit son of Late Prahlad Singh Minor, Represented Through Brother Raghuvanshmani Son of Late Prahlad Singh Caste Kanwar Resident of Amaldiha, Tahsil Podi Uproda, District Korba Chhattisgarh 10.Sumitra D/o Ramprasad Kanwar, Wife of Charmra Singh Resident of Bichhipara, Tahsil Pondi Uproda, District Korba Chhattisgarh

11. Vimla D/o Late Ramprasad Kanwar wife of Hari Singh Resident of Binjhra, Post Dipka, Tahsil Katghora, District Korba Chhattisgarh ---- Respondents For Petitioner - Shri Nitesh Shrivas, Advocate. For State-respondents - Shri Ravi Bhagat, Deputy Govt. Advocate. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 23-11-2021 Heard.

1.

This petition has been filed against the order dated 29-10-2021 passed by the SDO (Revenue), respondent No.2 by which the order of mutation by the Tahsildar in favour of the petitioner has been set aside. 2.

Heard the submissions made by learned counsel for the parties. The

-2petitioner has statutory remedy available to file appeal against the impugned order. Therefore, this petition is disposed off at motion stage and the petitioner is granted liberty to file appeal against the impugned order before the Collector within a period of 21 days and seek interim relief. As it has been prayed in this case, it is also ordered that the effect and operation of the impugned order shall remain stayed for a period of 21 days from today, which shall stand automatically vacated after completion of period of 21 days. With these observations, the petition is disposed off.

3.

As learned counsel for the petitioner has prayed for return of certified copy of the documents filed in the petition, Registry is directed to return the same after keeping copies of the same on record. Sd/- (Rajendra Chandra Singh Samant) Judge Aadil