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2025 DAILYLAW 20383 (CHH)

ILAHI BAKSH v. AYYUB

WPC/2289/2022 · 2025-03-10

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:11761 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2289 of 2022 1 - Ilahi Baksh S/o Late Mohammed Amir Aged About 57 Years R/o Near Post Office Khaparganj, Bilaspur Chhattisgarh 2 - Ku. Shahnaz Begum D/o Late Mohammed Amir Aged About 66 Years R/o Near Post Office Khaparganj, Bilaspur Chhattisgarh 3 - Smt. Shahin Begum W/o Abdul Hakim Aged About 58 Years R/o Rumi Sound Service, Dhobi Line, Baijnathpara, Raipur Chhattisgarh 4 - Smt. Shabana Perveen W/o Shri M. D. Amin Aged About 56 Years R/o Banglayard Station Road, Qr. No. 143-A/u Block No. 12, Bilaspur Chhattisgarh 5 - Smt. Malka Tarannum W/o Mirza Quader Beig Aged About 52 Years R/o Behind Chand Tyres, Moudhapara, Raipur, Chhattisgarh 6 - Nabi Baksh S/o Late Mohammad Yakub Aged About 68 Years R/o Behind Sarkanda Police Station, Sarkanda, Bilaspur Chhattisgarh --- Petitioner(s) versus 1 - Ayyub S/o Late Mohammed Yakub Aged About 56 Years R/o Village Mohra, Tahsil And District Bilaspur Chhattisgarh 2 - Aisha Begum S/o Shafiqulla Siddhiqui Aged About 69 Years R/o Village Bhilai, District Durg, Chhattisgarh 3 - Pappi W/o Rahim Aged About 67 Years R/o Khaparganj, Near Jiwali House, Bilaspur, District Bilaspur Chhattisgarh 4 - Khatija W/o Salima Aged About 65 Years R/o Khaparganj, Bilaspur, District Bilaspur Chhattisgarh 5 - Atiya D/o Late Mohammed Yakub Aged About 61 Years Through Safiulla Sidhdhiqui, Recorder, G.E. Road Compound No. 01, Bhilai, District Durg Chhattisgarh BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.03.11 16:45:03 +0530 2 6 - Zohra D/o Late Mohammed Yakub Aged About 63 Years R/o Village Mohra, Tahsil And District Bilaspur, Chhattisgarh 7 - Najma D/o Late Mohammed Yakub Aged About 59 Years R/o Village Mohra, Tahsil And District Bilaspur, Chhattisgarh 8 - State Of Chhattisgarh Through Collector, Bilaspur, District Bilaspur (C.G.) 9 - Nayab Tehsildar Bilaspur, District Bilaspur, (C.G.) ---- Respondents For Petitioners : Mr. Pradeep Kumar Singh, Advocate For Respondents No.1 : Mr. Karan Kumar Baharani, Advocate For Respondents/State No.8 & 9 : Mr. Ritesh Giri, P.L. Hon'ble Shri Justice Bibhu Datta Guru Order On Board 10/03/2025 1. By way of this present petition, petitioner is seeking limited prayer for decision on the applications dated 24.06.2019 and 11.02.2020 filed by the petitioners before the Naib Tahsildar, Bilaspur for issuance of Rin Pustika within stipulated time. 2. Learned counsel for petitioner would submit that on the basis of the judgment and decree dated 07.07.2017, passed by the learned Fifth Additional District Judge, Bilaspur in Civil Suit No.29-A/2007, which was subsequently affirmed by this Court in F.A. No.389 of 2017 vide judgment and decree dated 22.04.2019, the petitioners moved an application before the Naib Tahsildar, Bilaspur for grant of Rin Pustika to the petitioners, however, till date the said applications have not been considered and decided by the Naib Tahsildar. 3. Learned State counsel would submit that, if the applications are still pending before the Naib Tahsildar, Bilaspur and if there is no stay or 3 reversal judgment on the judgment and decree dated 07.07.2017, passed by the learned Fifth Additional District Judge, Bilaspur in Civil Suit No.29-A/2007, then the application filed by the petitioners will be considered in accordance with law within stipulated period. 4. I have heard learned counsel for the parties and perused the application submitted by the petitioner before the Naib Tahsildar on 24.06.2019 and 11.02.2020. 5. From perusal of the said application, it appears that the petitioners has filed application before the Naib Tahsildar, Bilaspur for issuance of Rin Pustika in respect of the land bearing Kh.No. 13/1, 102, 64, 660/1 and 676/1 measuring area 09.19 acres, 04.11 acres, 10.76 acres, 00.38 acres and 00.14 acres respectively, situated at Village Mohara, P.C. No.16, Tahsil and District – Bilaspur. 6. Looking to the pleadings and the submission made by the learned State counsel, it is directed that if the applications submitted by the petitioners are still pending before the Naib Tahsildar/respondent No.9, the respondent No.9/Naib Tahsildar shall consider the same in accordance with law and pass necessary orders within a period of 45 days by giving opportunity of hearing to all the affected parties. 7. With the aforesaid observations and directions, this petition stands disposed of. Sd/- Sd/- (Bibhu Datta Guru) Judge Balram