Chattisgarh High Court
Mohammad Reyaj Khan vs State Of Chhattisgarh on 20 October, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 4457 of 2022
• Mohammad Reyaj Khan S/o Late Ibrahim Khan Aged About 40 Years R/o
Village Japla (Husainabad), Lambigali, Post Tehsil and Police Station
Husainabad, District Palamu (Jharkhand) ---- Petitioner
Versus
1. State Of Chhattisgarh Through Secretary, Revenue and Disaster Management
Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar,
Nawa Raipur, District Raipur (C.G.)
2. Commissioner, Surguja Division, Surguja, District Surguja (C.G.)
3. Tehsildar, Ramanujganj, District Balrampur-Ramanujganj, C.G.
4. Mohammad Rustam Khan S/o Late Abdul Majid Aged About 50 Years R/o
Nagar Ramanujganj, Police Station And Tehsil Ramanujganj, District
Balrampur-Ramanujganj (C.G.)
5. Moni Khatun D/o Late Rasool Jama Aged About 26 Years R/o Nagar
Ramanujganj, Police Station And Tehsil Ramanujganj, District Balrampur-
Ramanujganj (C.G.)
6. Soni Khatun D/o Late Rasool Jama Aged About 24 Years R/o Nagar
Ramanujganj, Police Station And Tehsil Ramanujganj, District Balrampur-
Ramanujganj (C.G.)
7. Soyeb Khan S/o Late Rasool Jama Aged About 20 Years R/o Nagar
Ramanujganj, Police Station And Tehsil Ramanujganj, District Balrampur-
Ramanujganj (C.G.)
8. Noorjama S/o Late Abdul Majid Aged About 45 Years R/o Nagar Ramanujganj,
Police Station And Tehsil Ramanujganj, District Balrampur-Ramanujganj
(C.G.)
9. Mohammad Salim S/o Late Abdul Majid Aged About 43 Years R/o Nagar
Ramanujganj, Police Station And Tehsil Ramanujganj, District Balrampur-
Ramanujganj (C.G.)
10. Mohammad Samim Khan S/o Late Abdul Majid Aged About 41 Years R/o
Nagar Ramanujganj, Police Station And Tehsil Ramanujganj, District
Balrampur-Ramanujganj (C.G.)
11. Shakila Begam W/o Sarwar Khan Aged About 48 Years R/o Village Churesa,
Police Station Tilok, District Rohtas (Bihar)
12. Parveen Bano D/o Late Abdul Majid Aged About 38 Years W/o Jamil Khan,
2
R/o Village Post and Police Station Kudu, District Lohardagga (Jharkhand)
13. Mohammad Iliyas S/o Late Ibrahim Khan Aged About 58 Years R/o Village
Japla (Husainabad), Lambigali, Post Tehsil And Police Station Husainabad,
District Palamu (Jharkhand)
14. Mohammad Munna Khan S/o Late Ibrahim Khan Aged About 43 Years R/o
Village Japla (Husainabad), Lambigali, Post Tehsil And Police Station
Husainabad, District Palamu (Jharkhand)
15. Hasina Begam D/o Late Ibrahim Khan Aged About 36 Years R/o Village Japla
(Husainabad), Lambigali, Post Tehsil And Police Station Husainabad, District
Palamu (Jharkhand)
16. Shamida Khatun D/o Late Ibrahim Khan Aged About 53 Years R/o Village
Japla (Husainabad), Lambigali, Post Tehsil And Police Station Husainabad,
District Palamu (Jharkhand)
17. Sahida Bano D/o Late Ibrahim Khan Aged About 38 Years R/o Village Japla
(Husainabad), Lambigali, Post Tehsil And Police Station Husainabad, District
Palamu (Jharkhand)
18. Abdul Kadir S/o Late Rahman Aged About 51 Years R/o Nagar Ramanujganj,
Police Station And Tehsil Ramanujganj, District Balrampur-Ramanujganj
(C.G.)
19. Khursid Aalam S/o Late Rahman Aalam Aged About 45 Years R/o Nagar
Ramanujganj, Police Station And Tehsil Ramanujganj, District Balrampur-
Ramanujganj (C.G.)
20. Pakija W/o Late Moinuddin Aged About 39 Years R/o Nagar Ramanujganj,
Police Station And Tehsil Ramanujganj, District Balrampur-Ramanujganj
(C.G.)
21. Alfara D/o Late Moinuddin Aged About 23 Years R/o Nagar Ramanujganj,
Police Station And Tehsil Ramanujganj, District Balrampur-Ramanujganj
(C.G.)
22. Fiza D/o Late Moinuddin Aged About 21 Years R/o Nagar Ramanujganj, Police
Station And Tehsil Ramanujganj, District Balrampur-Ramanujganj (C.G.)
23. Arzoo S/o Late Moinuddin Aged About 15 Years Minor (through her natural
guardian mother Pakija W/o late Moinuddin) R/o Nagar Ramanujganj, Police
Station And Tehsil Ramanujganj, District Balrampur-Ramanujganj (C.G.)
24. Diba D/o Helaluddin, mother Samina, Aged About 32 Years R/o Sai Muhalla,
Daltonganj, District Palamu (Jharkhand)
25. Siba D/o Helaluddin, mother Samina, Aged About 24 Years R/o Village
Chunar, Bazar Chowk, Tehsil Chunar, District Mirjapur (U.P.)
3
26. Jainul S/o Helaluddin, Aged About 30 Years Mother Samina, R/o Village
Chunar, Bazar Chowk, Tehsil Chunar, District Mirjapur (U.P.)
27. Nuruddin S/o Helaluddin, Aged About 28 Years Mother Samina R/o Village
Chunar, Bazar Chowk, Tehsil Chunar, District Mirjapur (U.P.)
28. Saladdin S/o Helaluddin Mother Samina, Aged About 23 Years R/o Village
Chunar, Bazar Chowk, Tehsil Chunar, District Mirjapur (U.P.)
29. Tipu S/o Helaluddin Aged About 18 Years Mother Samina R/o Village Chunar,
Bazar Chowk, Tehsil Chunar, District Mirjapur (U.P.)
30. Sima D/o Gyasuddin Aged About 32 Years Mother Amina R/o Village Chunar,
Bazar Chowk, Tehsil Chunar, District Mirjapur (U.P.)
31. Rubi D/o Gyasuddin Aged About 20 Years Mother Amina R/o Village Chunar,
Bazar Chowk, Tehsil Chunar, District Mirjapur (U.P.)
32. Sahabuddin S/o Gyasuddin Aged About 28 Years Mother Amina R/o Village
Chunar, Bazar Chowk, Tehsil Chunar, District Mirjapur (U.P.)
33. Serajuddin S/o Gyasuddin Aged About 26 Years Mother Amina R/o Village
Chunar, Bazar Chowk, Tehsil Chunar, District Mirjapur (U.P.)
34. Hesamuddin S/o Gyasuddin Aged About 24 Years Mother Amina, R/o Village
Chunar, Bazar Chowk, Tehsil Chunar, District Mirjapur (U.P.)
35. Najni D/o Sahabuddin Aged About 26 Years Mother Shahnaj R/o Sai Muhalla,
Daltonganj, District Palamu (Jharkhand)
36. Shanu S/o Sahabuddin Aged About 24 Years Mother Shahnaj R/o Sai
Muhalla, Daltonganj, District Palamu (Jharkhand)
37. Sana Parveen D/o Sahabuddin Aged About 21 Years Mother Shahnaj R/o Sai
Muhalla, Daltonganj, District Palamu (Jharkhand)
38. Sajida D/o Abdul Rahman Aged About 61 Years Mother Gyasuddin, R/o
Village Japla (Husainabad), Lambigali, Post Tehsil And Police Station
Husainabad, District Palamu (Jharkhand)
39. Raushan Bibi D/o Late Abdul Rahman Aged About 50 Years W/o Alimuddin,
R/o Vishunpur, Post Nagar Utari, Police Station And District Gadhwa
(Jharkhand)
40. Rashida D/o Late Abdul Rahman Aged About 32 Years W/o Munna Khan R/o
Village And Post Tilauthu, District Rohtas (Bihar) ---Respondents
For Petitioner : Mr. Manoj Paranjpe, Advocate.
For State : Mr. P. Acharya, P.L.
4
Hon'ble Shri Justice Arvind Singh Chandel
Order On Board
20/10/2022
1. Heard.
2. It is submitted by learned counsel for the petitioner that one Nasima Bibi W/o Ibrahim Khan was granted decree of partition and it was held that she is entitled for 1/3rd share in the property. The said judgment and decree dated 14.01.2000 was challenged before the appellate Court and the District Judge, Ambikapur vide its judgment dated 14.01.2000 allowed the appeal. Against which, the second appeal has been preferred. In the second appeal, the High Court vide its judgment and decree dated 24.02.2015 modified the decree and held that Nasima Bibi would be entitled for 1/5 th share in the property and Abdul Majid and Abdul Rahman would be entitled for 2/5 th share in the property. The judgment of this Court was challenged before the Supreme Court by filing SLP bearing No.19340 of 2015. The Supreme Court vide its order dated 31.03.2017 dismissed the SLP.
3. Pursuant to the judgment and decree of this Court and trial Court, the name of the legal heirs of Nasima Bibi were mutated in the revenue record. An application under Section 178 of the Land Revenue Code for partition was also filed before the Tahsildar Ramanujganj and requested for partition of 1/5 th share of Nasima Bibi. The legal heirs of Abdul Majid challenged the order dated 02.08.2018 passed by the Tahsildar before the Commissioner. The effect and operation of the order dated 02.08.2018 was stayed and both the parties were directed to maintain the status quo of the suit property. Till date, the said revision is still pending and has not been decided yet. Therefore, it is prayed that this petition may be disposed of with a direction to respondent No.2 i.e. Commissioner, Surguja Division to expedite the revision petition pending before him vide annexure-P/1 and decide the same as early as possible and some outer limit may also be fixed for this purpose.
4. On the limited prayer made by learned counsel for the petitioner, learned 5 counsel for the State has no objection.
5. I have heard learned counsel for the parties and perused the documents annexed with the petition. On perusal of the order sheets of the said revision case, prayer of the petitioner appears to be genuine. Looking to the above, this petition is disposed of with a direction to respondent No.2 to expedite the proceedings pending before him and decide the same as early as possible, preferably within a period of four months from the date of receipt of copy of order of this Court.
6. Accordingly, this petition is disposed of.
Sd/-
(Arvind Singh Chandel) Judge Ravi