Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:37832
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3471 of 2025 1 - Smt. Jhadeshwari W/o Rudrabhan Gond, Aged About 65 Years R/o Village Tetalkhuti, Tahsil Mainpur, District Gariyaband (C.G.). 2 - Late Bhujbal Gond, S/o Ujar Singh, (Dead) Through Legal Heir's 2.1 - Lalit Markam, S/o Late Bhujbal Gond, Aged About 40 Years R/o Village Mungapadar, Tahsil Mainpur, District Gariyaband (C.G.). 2.2 - Heera Singh Markam, S/o Late Bhujbal Gond, Aged About 45 Years R/o Village Mungapadar, Tahsil Mainpur, District Gariyaband (C.G.).
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - The Commissioner, Division Raipur, District Raipur (C.G.) 3 - The Upper Commissioner, Division Raipur, District Raipur (C.G.) 4 - The Collector Gariyaband, District Gariyaband (C.G.) 5 - Dhannu Manjhi Gond S/o Late Dayalu, Aged About 65 Years R/o Village Anesar, Tahsil Mainpur, District Gariyaband (C.G.)
2 6 - Ban Singh S/o Puran Gond, Aged About 55 Years R/o Village Anesar, Tahsil Mainpur, District Gariyaband (C.G.) 7 - Bhuwan Gond, S/o Late Dayalu, Aged About 63 Years R/o Village Anesar, Tahsil Mainpur, District Gariyaband (C.G.) 8 - Veer Singh, S/o Late Dayalu, Aged About 53 Years R/o Village Anesar, Tahsil Mainpur, District Gariyaband (C.G.) 9 - Balmat S/o Late Dayalu, Aged About 57 Years R/o Village Anesar, Tahsil Mainpur, District Gariyaband (C.G.) 10 - Tiloram S/o Late Dayalu, Aged About 60 Years R/o Village Anesar, Tahsil Mainpur, District Gariyaband (C.G.)
--- Respondent(s) ---------------------------------------------------------------------------------------- For Petitioner : Mr. Ravikar Patel, Advocate For Respondent-State : Ms. Nupur Trivedi, PL --------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge
Order on Board 01.08.2025
1. The present petition is filed by the petitioners with following relief(s):
“10.1 10.1 That, this Hon'ble Court may kindly be pleased to call the entire records. 10.2 That, this Hon'ble Court may kindly be pleased to direct the Upper Commissioner Raipur, for earlier disposal of the case no.372B/21/2015-16. 10.3 That, this Hon'ble Court may kindly be pleased to issue any other writ or direction or orders in favour of the petitioner and against the respondents upon these facts and in the circumstances of the case in the interest of justice and equity.”
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2. Learned Counsel for the petitioner submits that the petitioner is not challenging any particular order that but seeking direction to this Court for earlier disposal of the case which was pending before the upper commissioner Raipur for land dispute. The father of the respondent no. 5 namely Dayalu Gond was filed appeal before learned Upper Commissioner Raipur against the order of the Collector. In this matter mother of the petitioner namely Tikemani has a single girl child, who is present petitioner. After the death of the Tikemani respondent no. 5 applied application for Fauti Namantaran of the Tikemani land. But father of the respondent no. 5 and respondent no. 5 & other legal higher of the late Dayalu Gond are not entitled for any property because they are not legal higher of the late Tikemani. After passing of 7 years, appeal is pending before the Upper Commissioner. So the petitioner is seeking limited prayer from this Court for earlier disposal of the case no. 372B/21/2015-16.
3. Learned State Counsel not opposes the limited prayer made by the
learned counsel for the petitioner.
4. Heard learned counsel for the respective parties and perused the record with utmost circumspection.
5. Considering the facts and circumstances of the case and submission made by learned counsel for the parties, at this stage this petition is
disposed of with direction to respondent No.3 to expedite the proceedings pending before him after giving opportunity of hearing to
4 both the parties and decide the same, as early as possible in accordance with rules, regulations and law.
6. It is made clear that this Court has not expressed any opinion on the merits of the case.
7. With the aforesaid direction, the writ petition stands disposed of.
Sd/- (Arvind Kumar Verma)
JUDGE Vasant