Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 43326 (CHH)

MEHAJBEEN NAAJ v. STATE OF CHHATTISGARH

WPC/5779/2024 · 2025-01-24

Shri Bibhu Datta Guru

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:4553 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5779 of 2024 1 - Mehajbeen Naaj W/o Riyazuddin Khan Aged About 34 Years R/o House No. 255, Khan General Stor Manjar Road Kelabadi Durg Tehsil And District - Durg (C.G.) 2 - Riyazul Khan S/o Imamul Khan Aged About 57 Years Caste Musalman R/o Qr. No. 43-A Street Avenue C Sector - 1 Bhilai Tahsil And District - Durg (C.G.) ... Petitioner(s) versus 1 - State of Chhattisgarh Through Secretary Department Of Urban And Administrative New Mantralaya Mahanadi Bhawan Atal Nagar New Raipur District - Raipur (C.G.) 2 - Commissioner Durg Division Durg (C.G.) 3 - Collector Durg District - Durg (C.G.) 4 - Sub Divisional Officer (Revenue) Bhilai District - Durg (C.G.) AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.01.24 17:42:39 +0530 2 5 - Additional Tahsildar Bhilai Bhilai Nagar District - Durg (C.G.) 6 - Revenue Inspector Kohka/ Halka Patwari Village Supela District - Durg (C.G.) 7 - Dharmendra Singh S/o Late Ajit Singh Aged About 54 Years R/o Gurudwara Road Supela Bhilai District - Dug (C.G.) ... Respondent(s) For Petitioner : Ms. Fouzia Mirza, Senior Advocate assisted by Mr. Navin Shukla, Advocate. For Respondents : Mr. Satish Gupta, G.A. Hon'ble Justice Shri Bibhu Datta Guru Order on Board 24/01/2025 1. By the present writ petition, the petitioner is questioning the possession warrant dated 17/10/2024 issued by the Additional Tahsildar, Bhilai and also seeking a direction towards the respondent authorities to reinstall the electricity meter. 2. Learned Counsel for the petitioner submits that the possession warrant dated 17/10/2024 issued pursuance to the order in a proceeding under Section 250 of the C.G. Land Revenue Code passed by the Additional Tahsildar on 12/09/2024 was also challenged by an appeal before the SDO, which has already been rejected on 15/10/2024. Presently, the petitioner has preferred an appeal before the Commissioner questioning the order dated 12/09/2024 passed by the Additional Tahsildar and order dated 3 15/10/2024 passed by the SDO(Revenue). She submits that when the petitioner preferred the second appeal before the Commissioner on 17/10/2024, on the same day, the possession warrant has been issued by the Additional Tahsildar and they have removed the electricity meter from the premises of the petitioner. She further submits that the petitioner has also moved an application under Section 52 for interim relief in the Court of the Commissioner, Durg. Now, the second appeal is pending before the Court of the Commissioner, Durg, Division Durg, the writ petition may be disposed of with a direction to the Commissioner to conclude the proceeding of appeal within a stipulated time. 3. Learned counsel for the State/respondents submits that he has no objection to the contention made by the petitioner, this petition can be disposed of with a direction to the respondent/Commissioner to conclude the proceeding of the second appeal pending in the Court of Commissioner, Durg. 4. I have heard learned counsel for both the parties and perused the pleadings. 5. In view of the submission made by learned counsel for both the parties, the writ petition is disposed of with a direction to the Commissioner, Durg to decide the pending appeal bearing Case 4 No.29/A-70/2024-25 within a period of thirty days, in accordance with law. 6. With the aforesaid observation and direction, the writ petition is disposed of. SD/- (Bibhu Datta Guru) Judge Amardeep