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2025 DAILYLAW 23220 (CHH)

ASHUTOSH TIWARI v. STATE OF CHHATTISGARH

WPC/2843/2025 · 2025-06-12

Shri Arvind Kumar Verma

body2025

Judgment text

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2025:CGHC:23813 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2843 of 2025 1 - Ashutosh Tiwari S/o Late Shri Sahdev Prasad Tiwari Aged About 50 Years R/o Village Khedha, Post Geedha, Tahsil And District Mungeli (Chhattisgarh) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Collector, Mungeli, District Mungeli (Chhattisgarh) ---Respondents For Petitioner : Mr. H. B. Agrawal, Sr. Advocate along with Ms. Preeti Yadav, Advocate For Respondent- State : Mr. Praveen Das, Dy. A.G. Hon'ble Shri Justice Arvind Kumar Verma, Order on Board 13/06/2025 1. The present petition has been filed for the following relief(s):- a)That the Hon’ble Court may kindly be pleased to allow the petition by directing the respondent to take back original application Annexure P-1, holding that return of original application is illegal, without authority and unjustified because it became part of Collector’s record, no sooner seal was put on the main application and further it be directed to the respondent that after receiving back the original application, it be decided on merits within stipulated period, in the interest of justice. 2. Learned counsel for the petitioner submits that on 11.07.2024 an original application filed by the petitioner to the office of the respondent, however it was returned to the petitioner, without making any order in original application, which is illegal and without authority because there is no provision for returning the original record of the Collector. Therefore, learned counsel for the petitioner prays that a direction may be issued for taking back the said application by the respondents and suitable order may be passed on merits under Section 167 of C.G. Land Revenue Code. 3. On the other hand, learned State Counsel does not oppose to the said limited prayer. 4. Given the said submission made by the learned counsel for the parties, the present writ petition is disposed of with a direction to the respondent authority to take back the original application of the petitioner and the same shall be considered and decided in accordance with Section 167 of the CG Land Revenue Code and as per law. 5. Accordingly, the present writ petition stands disposed of. Sd/- (Arvind Kumar Verma) JUDGE Jyoti