Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 45285 (CHH)

DHARMENDRA SONI v. STATE OF CHHATTISGARH

WP227/52/2025 · 2025-01-17

Shri Rakesh Mohan Pandey

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:3011 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 52 of 2025  Dharmendra Soni S/o Late Lakshmi Prasad Soni Aged About 56 Years R/o Lakshmi Niwas, 266/9, Sonarpara, Gandhi Ward, Mungeli, Tahsil And District- Mungeli, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Collector, Mungeli, Tahsil And District- Mungeli, Chhattisgarh 2. Mr. Bhupendra Soni S/o Late Lakshmi Prasad Soni Aged About 60 Years R/o Sonarpara, Gandhi Ward, Mungeli, Tahsil And District- Mungeli, Chhattisgarh 3. Mr. Mahesh Soni S/o Late Lakshmi Prasad Soni Aged About 69 Years R/o Sonarpara, Gandhi Ward, Mungeli, Tahsil And District- Mungeli, Chhattisgarh 4. Mr. Ramesh Soni S/o Late Lakshmi Prasad Soni Aged About 67 Years R/o Sonarpara, Gandhi Ward, Mungeli, Tahsil And District- Mungeli, Chhattisgarh 5. Mr. Suresh Soni S/o Late Lakshmi Prasad Soni Aged About 65 Years R/o Sonarpara, Gandhi Ward, Mungeli, Tahsil And District- Mungeli, Chhattisgarh ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : Mr. Suryapratap Youddhveer Singh, Advocate For State : Mr. Rajeev Bharat, Government Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 17. 01.2025 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1 This hon'ble Court may please be kind enough in directing the Court of Ld. II Civil Judge, Class -1, 2 Mungeli, District-Mungeli, Chhattisgarh to release & return to petitioner the Original Rin Pustika of land bearing Khasara No.320/9 (Area 1.96 Acres) and Khasara No.321/2 (Area 0.36 Acres) situated in Village Bundeli, Tahsil & District: Mungeli, Chhattisgarh, which is filed by the respondent No.2 in the aforesaid Civil Suit No.25 A/2021. 10.2 This hon'ble court may please be kind enough in directing the respondent No.2 to pay a lumpsum of Rs.2 Lakh Rupees as compensation with interest towards harassment & legal expenses suffered by petitioner. 10.3 This honourable Court may please be kind enough in cost of proceedings and any other relief. ” 2. Learned counsel for the petitioner submitted that respondent No. 2 has filed a suit for declaration of title and permanent injunction pertaining to survey No. 320/9, 321/2 situated at village Bundeli, Tahsil & District Mungeli, Chhattisgarh and the same is pending consideration before the learned Second Civil Judge, Class I, District Mungeli since 13.01.2021. He would further submit that the Rin Pustika/ ऋण पुस्तिका of the petitioner was submitted by the plaintiff/respondent No. 2 before the learned Court below. He would also submit that an application was moved by the petitioner for releasing the Rin Pustika/ ऋण पुस्तिका under Section 151 of CPC on 09.01.2023. It is contended that the application moved by the petitioner has not been decided by the concerned Court. He would pray for a direction to the concerned Court to decide the application moved by the petitioner and to release the Rin Pustika/ ऋण पुस्तिका. It is further contended that in the absence of Rin Pustika/ ऋण पुस्तिका, the petitioner could not sell his paddy. 3. On the other hand, learned counsel appearing for the State would oppose. 4. Taking into consideration the fact that the Rin Pustika/ ऋण पुस्तिका of the petitioner was placed on record by the plaintiff/respondent No. 2 before the learned Court below, and thereafter, the petitioner moved an application for 3 the release of the said Rin Pustika/ ऋण पुस्तिका on 09.01.2023, but till date the application has not been decided; therefore, this petition is disposed of with a direction to the concerned Court i.e. Second Civil Judge, Class I, District Mungeli to decide the pending application of the petitioner expeditiously, preferably within a period of 45 days from the date of receipt of a copy of this order. 5. With regard to compensation as claimed by the petitioner, the petitioner would be at liberty to take recourse to law. 6. With the aforesaid observation(s), the instant petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) Judge $iddhant