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2025 DAILYLAW 17418 (CHH)

TAMESHWAR YADAV v. NAIB TEHSILDAR

WPC/2330/2024 · 2025-03-28

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:15132 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2330 of 2024 1 - Tameshwar Yadav S/o Late Chhattar Yadav Aged About 58 Years R/o H.N. 116, Gram And Post Baghera, Ban Baghera Thana Somni District Rajnandgaon, Chhattisgarh Pin 491441 ... Petitioner(s) versus 1 - Naib Tehsildar Tehsildar, Rajnandgaon, District Rajnandgaon, Chhattisgarh 2 - State Of Chhattisgarh, Through Secretary, Revenue Department Mahanadi Bhawan Mantralaya New Raipur District Raipur Chhattisgarh. 3 - The District Collector, District Rajnandgaon, Chhattisgarh. 4 - Laxmin Bai W/o Lt. Bena Das Aged About 48 Years R/o Gram And Post Banbaghera, Tehsil And District Rajnandgaon, Chhattisgarh. 5 - Triveni Bai D/o Lt. Bena Das Aged About 20 Years R/o Gram And Post Banbaghera, Tehsil And District Rajnandgaon, Chhattisgarh. 6 - Poonam Bai D/o Lt. Bena Das Aged About 18 Years R/o Gram And Post Banbaghera, Tehsil And District Rajnandgaon, Chhattisgarh. VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 7 - Nem Das S/o Lt. Bena Das Aged About 14 Years R/o Gram And Post Banbaghera, Tehsil And District Rajnandgaon, Chhattisgarh. 8 - Kumari Bai D/o Lt. Bena Das Aged About 10 Years R/o Gram And Post Banbaghera, Tehsil And District Rajnandgaon, Chhattisgarh. 9 - Laxmi Bai C/o Holkar Das, R/o Gram Temri (Chhota) P.O. Uparvaha, Tehsil And District Rajnandgaon, Chhattisgarh ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Mr. Satish Kumar Tripathi, Advocate For State :- Mr. Shreyansh Mehta, P.L. For Respondents No.4 to 8 :- Mr. Aditya Bhardwaj, Advocate ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 28.03.2025 1. The petitioner has filed the petition seeking following reliefs:- “10.1 That, the Hon'ble court may please to issue an order to set aside the order passed by the Tehsildar court dated 08/06/2022.and the property should be transferred in the name of all the legal representatives of late Smt. Sonbati Yadav. 10.2 Any other relief which this Hon'ble court deems fit in the facts and circumstances of the case may also be awarded in favor of the petitioner.” 3 2. Learned counsel for the petitioner submits that there is no stay order passed by this Court in Second Appeal No.464/2018 and inspite of this fact, vide order dated 08.06.2022, the Tehsildar Rajnandgaon has passed an order stating that an appeal is pending before the Hon’ble High Court and the petitioner herein namely Tameshwar Yadav S/o. Lt. Chhattar Yadav has filed some documents, in which according to Tehsildar, interim order has been passed in favour of the Taneshwar. He submits that he has gone through the entire order-sheets of Second Appeal No.464/2018, however, no such stay has been granted to the petitioner and when he has tried to apprise the said fact to the concerned Tehsildar by way of an application, then the concerned Tehsildar has declined to receive any such order or application. Therefore, it is prayed that the concerned Tehsildar may be directed to receive the said document and thereafter to pass appropriate order in accordance with law within a stipulated time. 3. Learned State counsel submits that in view of limited prayed made by learned counsel for petitioner, he is having no objection. 4. I have heard learned counsel for parties and perused the documents available in record. 5. Considering the facts and circumstances of the case and aforesaid submissions made by the parties, the petitioner is directed to file appropriate application before the Tehsildar, Rajnandgaon within a period of 10 days from the date of receipt of copy of this order and the Tehsildar, Rajnandgaon, in turn, is 4 directed to accept such application and thereafter consider and decide the same within a further period of 10 days from the date of receipt of the said application, in accordance with law. 6. With this observation/direction, the writ petition stands disposed off. sd/- (Amitendra Kishore Prasad) Judge Vishakha