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Chattisgarh High Court

Siddheshwar Mahadev Mandir, Bargarh vs Lekh Ram (Died) Through His Legal Heirs on 11 August, 2023

Author: Sanjay K. Agrawal

Bench: Sanjay K. Agrawal

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                                                            NAFR
       HIGH COURT OF CHHATTISGARH AT BILASPUR
                    Civil Revision No. 45 of 2019

1.   Siddheshwar Mahadev Mandir, Bargarh, Through
     Sarwarkar Parmanand, S/o.Jagdeesh Prasad, Aged About
     60 Years, R/o. Village Ulda Bargarh, Tahsil Kharsiya,
     District Raigarh Chhattisgarh.
2.   Ramkrishna, S/o. Chhabiram, Aged About 49 Years, R/o.
     Village Ulda Bargarh, Tahsil Kharsiya, District Raigarh
     Chhattisgarh.
3.   Rajendra Kumar, S/o. Ganpat Lal, Aged About 30 Years,
     R/o. Bailpali, Raigarh, Taluka Kharsiya, District Raigarh,
     Chhattisgarh.
4.   Muktshwar Mahadev Mandir, Through Harikishan, S/o.
     Chhabilal, Aged About 55 Years, Mukteshwar Mahadev
     Mandir, Raigarh, District Raigarh, Chhattisgarh.
5.   Satyendra Kumar, S/o. Dinbandhu, Aged About 28 Years,
     R/o. Village Ulda Bargarh, Tahsil Kharsiya, District
     Raigarh, Chhattisgarh.
6.   Kanti, W/o. Dinbandhu, Aged About 60 Years, R/o.
     Village Ulda Bargarh, Tahsil Kharsiya, District Raigarh
     Chhattisgarh.
7.   Dulendra Kumar, S/o. Kanhaiya, Aged About 24 Years,
     R/o. Village Ulda Bargarh, Tahsil Kharsiya, District
     Raigarh Chhattisgarh.
8.   Bina Kumari, D/o. Kanhaiya, Aged About 24 Years, R/o.
     Village Ulda Bargarh, Tahsil Kharsiya, District Raigarh
     Chhattisgarh.
                                                 ---Applicants
                              Versus
1.   Lekh Ram (Since died) Through Legal Heirs (As Per The
     Hon'ble Court Order Dated 15-09-2021) :-
     (i)    Smt. Jaishree, D/o. Late Lekhram, W/o. Shri
            Hemant, Aged About 45 Years, R/o. Village
            Singhitarai, Tahsil Dabhara, District Janjgeer
            Champa Chhattisgarh.
     (ii)   Manoj, S/o.Late Lekhram, Aged About 40 Years,
            R/o. Village Ulda, Tahsil Kharsiya, District Raigarh
            Chhattisgarh.
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     (iii) Amrit, S/o. Late Lekhram, Aged About 38 Years,
           R/o. Village Ulda, Tahsil Kharsiya, District Raigarh
           Chhattisgarh.
2.   Nakul (Since died) Through Legal Heirs (As Per The
     Hon'ble Court Order Dated 15-09-2021) :-
     (i)    Tamradhwaj, S/o. Late Nakul, Aged About 65 Years,
            R/o.Village Ulda, Tahsil Kharsiya, District Raigarh
            Chhattisgarh.
     (ii)   Smt. Jeevan Kumari, D/o. Late Nakul, W/o. Shri
            Girdhari, Aged About 62 Years, R/o. Village Darri,
            Tahsil Kharsiya, District Raigarh, Chhattisgarh.
     (iii) Hemant Kumar, S/o. Late Nakul, Aged About 50
           Years, R/o. Village Ulda, Tahsil Kharsiya, District
           Raigarh, Chhattisgarh.
     (iv)   Hemlal, S/o. Late Nakul, Aged About 48 Years, R/o.
            Village Ulda, Tahsil Kharsiya, District Raigarh
            Chhattisgarh.
     (v)    Devcharan, S/o. Late Nakul, Aged About 46 Years,
            R/o. Village Ulda, Tahsil Kharsiya, District Raigarh
            Chhattisgarh.
     (vi)   Tankeshwar, S/o. Late Nakul, Aged About 44 Years,
            R/o. Village Ulda, Tahsil Kharsiya, District Raigarh
            Chhattisgarh.
     (vii) Vijay, S/o. Late Nakul, Aged About 42 Years, R/o.
           Village Ulda, Tahsil Kharsiya, District Raigarh
           Chhattisgarh.
     (viii) Smt. Rameshwari, D/o. Late Nakul, W/o. Shri
            Jitendra, Aged About 40 Years, R/o. Village Ulda,
            Tahsil Kharsiya, District Raigarh, Chhattisgarh.
3.   Netram (Since died) Through Legal Heirs (As Per The
     Hon'ble Court Order Dated 15-09-2021) :-
     (i)    Smt. Kaushilya, D/o. Late Netram, W/o. Shri
            Bhuneshwar, Aged About 52 Years, R/o. Village
            Ulda, Tahsil Kharsiya, District Raigarh Chhattisgarh.
     (ii)   Smt. Mongara, D/o. Late Netram, W/o. Shri Ashok
            Aged About 50 Years, R/o. Village Sarwani, Tahsil
            Kharsiya, District Raigarh Chhattisgarh.
4.   Bhagwantram, S/o. Bhawani, Aged About 69 Years, R/o.
     Village Ulda Bargarh, Tahsil Kharsiya, District Raigarh
     Chhattisgarh.
5.   Digambar Prasad, S/o. Bhawani, Aged About 64 Years,
     R/o. Village Ulda Bargarh, Tahsil Kharsiya, District
     Raigarh Chhattisgarh.
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6.   Girja Shankar, S/o. Parasnath, Aged About 40 Years,
     R/o. Village Ulda Bargarh, Tahsil Kharsiya, District
     Raigarh Chhattisgarh.
7.   Makhan, S/o. Ramadhin, Aged About 54 Years, R/o.
     Village Ulda Bargarh, Tahsil Kharsiya, District Raigarh
     Chhattisgarh.
8.   Manohar (Since died) Through Legal Heirs (As Per The
     Hon'ble Court Order Dated 15-09-2021) :-
     (i)    Khageshwar, S/o. Late Manohar, Aged About 45
            Years, R/o. Village Ulda, Tahsil Kharsiya, District
            Raigarh Chhattisgarh.
     (ii)   Shankar, S/o. Late Manohar, Aged About 43 Years,
            R/o. Village Ulda, Tahsil Kharsiya, District Raigarh
            Chhattisgarh.
     (iii) Smt. Tilokshani, D/o. Late Manohar, W/o. Shri
           Meshaj, Aged About 40 Years, R/o. Village
           Jamchunwa, Post Barpali, Tahsil Sakti, District
           Janjgeer Champa Chhattisgarh.
9.   Ghanshyam, S/o. Ramadhin, Aged About 46 Years, R/o.
     Village Ulda Bargarh, Tahsil Kharsiya, District Raigarh
     Chhattisgarh.
10. State Of Chhattisgarh, Through District Collector Raigarh,
     District Raigarh Chhattisgarh.
11. Sub Divisional Officer (Revenue)/ Nodal Officer, Kharsiya,
     District Raigarh Chhattisgarh.
12. Tahsildar Kharsiya, Tahsil Kharsiya, District Raigarh
     Chhattisgarh.
                                              ---Non-applicants

For Applicants        :-    Mr. Roop Naik, Advocate
For Non-applicants :-       Mr. Awadh Tripathi with Mr. Vivek
                            Kumar Tripathi, Advocates

            Hon'ble Shri Justice Sanjay K. Agrawal

                           Order On Board
                            (11.08.2023)

Sanjay K. Agrawal, J.

Heard

1. This civil revision preferred under Section 115 read with Section 151 of C.P.C. is directed against the impugned 4 order dated 11.02.2019, by which the defendants' application under Order 7 Rule 11 of C.P.C. has been rejected finding no merit.

2. Learned counsel for the applicants submits that the instant civil suit preferred by the plaintiffs is apparently barred by Section 63 of the Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; sub-section (3) of Section 3C of the National Highways Act, 1956 and Section 257 of the Chhattisgarh Land Revenue Code, 1959 and therefore, the trial Court erred in rejecting the application under Order 7 Rule 11 of C.P.C.

3. Learned counsel for the plaintiffs/non-applicants would submit that the trial Court is absolutely justified in rejecting the application for the reason that presently the issues have been framed on 18.03.2019, by which the issue regarding maintainability of the suit and with regard to jurisdiction of the Court has also been framed.

4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection.

5. It is correct to say that after decision on application under Order 7 Rule 11 of C.P.C. by the impugned order, on 18.03.2019, the issue with regard to maintainability of 5 the suit as well as with regard to jurisdiction of the Court has also been framed. In that view of the matter, I am not inclined to interfere in this civil revision. However, the defendants are at liberty to make an application for taking up the issue with regard to maintainability of the suit and jurisdiction of the Court as preliminary issue before the trial Court in accordance with law.

6. With the aforesaid observation, the instant civil revision stands disposed off.

Sd/-

(Sanjay K. Agrawal) Judge Aks