High Court Of ChhattisgarhWP227/897/2019disposed off

Chaitram Patel v. State Of Chhattisgarh

2019-11-27Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(227) No. 897 of 2019 • Chaitram Patel S/o Late Ugrasen Patel Aged About 58 Years R/o Village Beltikri, Post Dansara, Tahsil Sarangarh, District Raigarh Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mahanadi Mantralaya, Atal Nagar, Post Office And Police Station Naya Raipur District Raipur Chhattisgarh

2. Commissioner Bilaspur Division Bilaspur Chhattisgarh Camp Court At Raigarh District Raigarh Chhattisgarh

3. Collector Raigarh District Raigarh Chhattisgarh

4. Sub Divisional Officer (Revenue) Sarangarh District Raigarh Chhattisgarh

5. Manoj Kumar Kedia S/o Late Ganpat Kedia R/o Bilaspur Road, Pratap Ganj, Sarangarh, District Raigarh Chhattisgarh ---- Respondents For Petitioner : Mr. Anuroop Panda & Mr. B.D. Guru, Advocates.

For State/respondent No.1 to 4 : Mr. Devendra Pratap Singh, Dy.A.G.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 27-11-2019 Heard.

1. This petition has been filed being aggrieved by the issuance of notice by the respondent No.2 for giving appearance in the hearing initiated before that authority.

2. Learned counsel for the petitioner submits that despite the pendency of the Civil Suit between the parties, this proceeding has been initiated which is not permissible in law. Therefore, it is prayed that the petition be admitted and relief be granted.

-23. Considering the effects of the pendency on a Civil Suit between the parties which may have direct bearing with the proceeding initiated before the respondent No.2 can be brought to the notice of the respondent No.2 on which orders may be passed accordingly as per law. Therefore, it is directed that the petitioner may appear before respondent No.2 within a period of 15 days and bring it to the notice of the said authority regarding the pendency of the civil case and also regarding this ground of overlapping of jurisdiction and then the respondent No.2 is directed to consider the submission and decide the representation within 15 days.

4. Accordingly, the petition stands disposed off. Sd/- (Rajendra Chandra Singh Samant) Monika Judge