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2025 DAILYLAW 21941 (CHH)

KAILESHIYA BAI v. DEVIDAYAL

WP227/470/2023 · 2025-01-20

Shri Rakesh Mohan Pandey

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Judgment text

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1 2025:CGHC:3358 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP(227) No. 470 of 2023 1. Kaileshiya Bai D/o Late Singar Say Aged About 60 Years W/o Late Dayaram, R/o Village Maja, Tahsil Ramanujnagar, District- Surajpur, Chhattisgarh........................(Non-Applicant No.1) 2. Shaili Bai D/o Late Singar Say Aged About 45 Years W/o Late Jailal, R/o Village Kundeli, Tahsil Baikunthpur, District- Koriya, Chhattisgarh....................(Non-Applicant No.2) 3. Shivcharan S/o Late Singar Say Aged About 58 Years R/o Village Kundeli, Tahsil Baikunthpur, District- Koriya, Chhattisgarh.................... (Non-Applicant No.3) ... Petitioners Versus 1. Devidayal S/o Ishwar Prasad Sahu Aged About 37 Years R/o Village Kundeli, Tahsil Baikunthpur, District- Koriya, Chhattisgarh............ (Applicant)....................(Applicant) 2. Ishwar S/o Late Singar Say Aged About 56 Years R/o Village Kundeli, Tahsil Baikunthpur, District- Koriya, Chhattisgarh............... (Applicant).........................(Non-Applicant No.4) ... Respondents For Petitioners : Mr. T.K. Jha, Advocate For Respondents : Mr. Sashwat Gupta, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 20/01/2025 1. The petitioner has filed this petition seeking the following relief(s):- “10.1 That, Hon’ble court may kindly be pleased to allow the petition and set aside the order passed by the Naib Tahsildar & Board of Revenue and restore Digitally signed by RAMESH KUMAR VATTI 2 the order passed by the Sub Divisional Officer (R) & Additional Commissioner, in the interest of justice.” 2. Mr. Shaswat Gupta, learned counsel appearing for the respondents would submit that the Civil Suit No. 1-A/24 has already been decreed by the learned trial court vide judgment and decree dated 27.08.2024 and thus, the petition has become infructuous. 3. At this stage, Mr. T.K. Jha, learned counsel appearing for the petitioners would seek permission of this court to withdraw this petition with liberty to avail remedy available under the law. The prayer appears to be reasonable. 4. Accordingly, the petition is dismissed as withdrawn as liberty sought for by learned counsel for the petitioners. Sd/- (Rakesh Mohan Pandey) Judge vatti