Chattisgarh High Court
Shivendra Pratap Singh Thakur vs State Of Chhattisgarh on 28 November, 2022
Author: P. Sam Koshy
Bench: P. Sam Koshy
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WRIT PETITION (CIVIL) NO. 5208 OF 2022
Shivendra Pratap Singh Thakur, S/o Late Shri S.N. Singh, aged
about 50 years, R/o Tikrapara, near Mama Bhanja Talab, P.S. City
Kotwali, Bilaspur, District Bilaspur (C.G.)
... Petitioner
versus
1. State of Chhattisgarh, through: Secretary, Department of
Revenue, Mantralaya, Atal Nagar, Raipur, District Raipur (C.G.)
2. The Collector, District Bilaspur (C.G.)
3. The Tehsildar, District Bilaspur (C.G.)
4. Ratnesh Singh, S/o Shripal Singh, aged about 40 years, R/o
Village Dhurkot, Tahsil Janjgir, District Janjgir-Champa (C.G.)
5. Shalini Singh, D/o Shripal Singh, aged about 43 years, R/o
Village Dhurkot, Tahsil Janjgir, District Janjgir-Champa (C.G.)
6. Smt. Shailja Singh, W/o Ashok Singh, aged about 58 years, R/o
Diprapara, Bilaspur, Tahsil Bilaspur, District Bilaspur (C.G.)
7. Smt. Padmja Singh, W/o Gopal Singh, aged about 63, years R/o
Diprapara, Bilaspur, Tahsil Bilaspur, District Bilaspur (C.G.)
8. Smt. Mamta Singh, W/o Varundev Singh, aged about 56 years,
R/o Diprapara, Bilaspur, Tahsil Bilaspur, District Bilaspur (C.G.)
9. Smt. Shradha Singh, W/o Yogendra Singh, aged about 53 years,
R/o Diprapara, Bilaspur, Tahsil Bilaspur, District Bilaspur (C.G.)
10. Saurabh Singh Singh, S/o Late Arvind Singh, 53 years, R/o
Village Nariyara, Tahsil Pamgarh, District Janjgir-Champa (C.G.)
11. Sushant Singh Singh, S/o Arvind Singh, 44 years, R/o Village
Nariyara, Tahsil Pamgarh, District Janjgir-Champa (C.G.)
12. Pankaj Singh Singh, S/o Late Gopeshwar Singh, 57 years, R/o
Village Nariyara, Tahsil Pamgarh, District Janjgir-Champa (C.G.)
13. Shivendra Singh, S/o Late Krishan Kumar Singh, aged about 53
years, R/o Village Nariyara, Tahsil Pamgarh, District Janjgir-Champa
(C.G.)
14. Rupendra Singh, S/o Late Krishan Kumar Singh, aged about 44
years, R/o Village Nariyara, Tahsil Pamgarh, District Janjgir-Champa
(C.G.)
15. Smt. Pushplata Singh Wd/o Late Krishan Kumar Singh, aged
about 73 years, R/o Village Nariyara, Tahsil Pamgarh, District Janjgir-
Champa (C.G.)
16. Navnit Singh, S/o Late Nand Kumar Singh, aged about 46
years, R/o Village Nariyara Tahsil Pamgarh District Janjgir Champa
Chhattisgarh
17. Amit Singh, S/o Nand Kumar Singh, aged about 40 years, R/o
Village Nariyara, Tahsil Pamgarh, District Janjgir-Champa (C.G.)
18. Nilima Singh, S/o Late Nand Kumar Singh, aged about 42 years,
R/o Village Nariyara, Tahsil Pamgarh, District Janjgir-Champa (C.G.)
19. Anupma Singh, S/o Late Nand Kumar Singh, aged 44 years, R/o
Village Nariyara, Tahsil Pamgarh, District Janjgir-Champa (C.G.)
20. Smt. Surekha Singh, S/o Late Nand Kumar Singh, aged about
44 years, R/o Village Nariyara, Tahsil Pamgarh, District Janjgir-
Champa (C.G.)
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21. Rudra Kumar Singh, S/o Late Sagun Singh, aged about 70
years, R/o Village Nariyara, Tahsil Pamgarh, District Janjgir-Champa
(C.G.)
22. Naween Kumar Singh, S/o Late Sagun Singh, aged about 60
years, R/o Village Nariyara, Tahsil Pamgarh, District Janjgir-Champa
(C.G.)
23. Sushma Singh, W/o Late Shri S.N. Singh, aged about 50 years,
R/o Diprapara, Bilaspur, Tahsil & District Bilaspur (C.G.)
... Respondents
For Petitioner : Mr. Badruddin Khan, Advocate. For Respondents 1 to 3 : Ms. Sameeksha Gupta, Panel Lawyer.
Hon'ble Shri Justice P. Sam Koshy Order on Board [28/11/2022]
1. Grievance of the Petitioner in the present Writ Petition seems to be the proceeding drawn by the Respondent No.3 - Tahsildar, District Bilaspur in a revenue case for partition of the land that situates at Khasra No.105/3, admeasuring 0.87 acre, in Purani Basti, Dayalband, Bilaspur.
2. According to the Petitioner, he is in possession of an area of the said disputed property to the extent of 14.5 decimal which came to his possession by virtue of an alleged oral gift deed made by one Nageshwar Singh, the maternal grandfather and the owner of the said property.
3. Learned Counsel for Petitioner submits that on an application under Section 178 of the Chhattisgarh Land Revenue Code, 1959 initiated at the behest of the Respondent No.4 to 22, though publications were made in the Newspapers calling for the objections from the interested parties, however, the said publication skipped the notice of the Petitioner and therefore he could not appear before the Authority concerned on the stipulated date fixed. -3-
4. Subsequently, when the Petitioner came to know about it, he immediately approached the Respondent No.3 by raising appropriate objection vide Annexure P-2, dated 23.11.2022. However, the Respondent No.3 has refused to accept the said objection and proceeded further to take up the matter on its merits without the objection of the Petitioner.
5. According to learned Counsel for Petitioner, the matter now stands fixed for 29.11.2022. Therefore, he makes a limited prayer that let the application/objection of the Petitioner be accepted by the Respondent No.3 and the same may be considered and decided on its own merits, in accordance with law, in the proceeding initiated under Section 178 of the Chhattisgarh Land Revenue Code, 1959 by the Respondents No.4 to 22.
6. Learned State Counsel on the other hand opposes the application/objection of the Petitioner on the ground that it was supposed to be filed within the time limit as prescribed in the paper publication made and the Petitioner having not made the said objection within the prescribed time limit, the same cannot be accepted at a subsequent stage, therefore, to that extent the Authority cannot be said to be at fault in refusing to accept the said objection raised by the Petitioner.
7. Having heard the submissions put forth by learned Counsels for parties, what clearly reflects is that there seems to be a proceeding under Section 178 of the Chhattisgarh Land Revenue Code, 1959 drawn by the Respondent No.3. The said proceeding has been drawn at the behest of the Respondents No.4 to 22. The paper publications -4- were made calling for the objections. Though belatedly, the Petitioner had approached the Respondent No.3 on 23.11.2022 by submitting his application/objection. If the contention of the Petitioner is to be accepted, the said proceeding under Section 178 has not been finalized or culminated and the Authority is yet to take a decision on the same.
8. Under the circumstances, this Court is of the opinion that no prejudice as such would be caused to the interest of the Respondents No.4 to 22 if the application/objection of the Petitioner is accepted by the Respondent No.3 and the same also is considered and decided after giving the Petitioner also a reasonable and fair opportunity of hearing.
9. For the said reasons, this Court as of now disposes of the present Writ Petition, directing the Petitioner to approach the Respondent No.3 - Tahsildar, Bilaspur tomorrow i.e., on 29.11.2022. In case the proceeding under Section 178 of the Chhattisgarh Land Revenue Code, 1959 before the Respondent No.3 has not yet been finalized, then the objection of the Petitioner, dated 23.11.2022, be accepted by the Respondent No.3 and after hearing the Petitioner also, take an appropriate decision on the said proceeding under Section 178 on its own merits.
10. It is made clear that this Court has not expressed any opinion on the merits of the case so far as the entitlement of the Petitioner is concerned. The Authority concerned is to decide the matter strictly on its own merits, in accordance with law.
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11. With aforesaid direction/observation, the Writ Petition stands disposed of.
C.C. today. Sd/-
(P. Sam Koshy)
/sharad/ Judge