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2025 DAILYLAW 3100 (CHH)

SEIKH ASLAM v. STATE OF CHHATTISGARH

WPC/600/2021 · 2025-06-30

Shri Rakesh Mohan Pandey

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:29440 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 600 of 2021  Seikh Aslam S/o Late Seikh Yakub Aged About 35 Years R/o National Highway No. 53, Village Post Main Raod, Saraipali, Patwari Halka No. 14, Revenue Circle And Tahsil Saraipali, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Collector , Mahasamund, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 2. The Sub Divisional Officer Revenue Saraipali, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 3. The Tahsildar Saraipali, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 4. Gulam Mohammad S/o Sakur Mohammad Aged About 60 Years R/o Ward No. 11, Saraipali, Patwari Halka No. 14, Revenue Circle And Tahsil Saraipali , District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 5. Nawaj S/o Sakur Mohammad Aged About 55 Years R/o Ward No. 11, Saraipali, Patwari Halka No. 14, Revenue Circle And Tahsil Saraipali , District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 6. Famida D/o Sakur Mohammad Aged About 50 Years R/o Ward No. 11, Saraipali, Patwari Halka No. 14, Revenue Circle And Tahsil Saraipali , District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : Mr. Utkarsh Patel, Advocate holding the brief of Mr. Pushpendra Kumar Patel, Advocate For State : Mr. Prateek Tiwari, Panel Lawyer For Respondents No. 3 to 5 : Mr. Saleem Kazi, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 01. 07.2025 SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.07.02 11:10:07 +0530 2 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1 That this Hon’ble Court, may kindly call for the entire record in relates to the case of the petitioner. 10.2 That, this Hon’ble Court, may kindly be pleased to issue a writ/ or writs / order / or orders / to direct the concern respondent to set-aside the notice dated 13.10.2020, (Annexure P/1) issued by the Sub Divisional Officer, Revenue, Saraipali, District : Mahasamund (C.G.), in the ends of justice. 10.3 That, any other relief, this Hon’ble Court, deem fit and proper may also kindly be granted to the petitioner, in the interest of justice.” 2. Perusal of the show-cause notice assailed by the petitioner would show that it was issued against one Gulam Muhammad. The description of property is also not mentioned in the notice dated 13.10.2020. The petitioner has challenged validity of show-cause notice on the ground that it was never issued to the petitioner; it was issued after two years of order passed by the Additional Commissioner, Raipur. 3. Learned counsel for the petitioner would submit that the order was passed by the Additional Commissioner, Raipur, Division Raipur on 14.11.2018 and matter was remitted back to the Sub-Divisional Officer(Revenue) to decide it afresh. He would pray to quash the notice. 4. On the other hand, learned counsels appearing for respective respondents would oppose. 5. Taking into consideration the fact that the order was passed by the Additional Commissioner, Raipur, Division Raipur, wherein, Gulam Muhammad and two others were appellants and matter was remitted back to Sub-Divisional Officer (Revenue) to decide it afresh. The Sub-Divisional Officer (Revenue) issued notice to Gulam Muhammad on 13.10.2020 and there is no mention of name of the petitioner, namely, Seikh Aslam; 3 therefore, the instant petition is misconceived and accordingly dismissed. No cost(s). Sd/- (Rakesh Mohan Pandey) Judge $iddhant