Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:8712
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6393 of 2024 1 - Sadhan Mandal S/o Shri Ravilochan Mandal Aged About 72 Years R/o Plot No.- 07, Street No. 16, Pragati Nagar, Risali Bhilai, Thana- Navai Tahsi And District- Durg, C.G
... Petitioner(s) versus 1 - Ravilochan Mandal S/o Late S.D. Mandal Aged About 45 Years R/o Plot No. 07, Street No. 16, Pragati Nagar, Risali, Bhilai, Thana- Navai,
Tahsil
And
District-
Durg,
C.G. 2 - State of Chhattisgarh Through Collector/ Appellate Tribunal, District- Durg, C.G
... Respondent(s) For Petitioner(s) : Mr. Tarendra Kumar Jha, Advocate For Respondent/State : Mr. Goutam Kehtrapal, Advocate. For Respondent No.2 : Mr. Satish Gupta, G.A,
Hon’ble Shri Bibhu Datta Guru, Judge
Order on Board 19/02/2025
1. By the present writ petition, the petitioner is questioning the
order of the Collector/appellate authority dated 21/10/2024 AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.02.21 15:09:36 +0530
2 passed in Appeal Case No.12/B-121/2023-24, by which, the Collector has set aside the order dated 14/07/2023 and restored the order dated 12/06/2023.
2.
Learned counsel for the petitioner would submit that the Collector has passed an order dated 21/10/2024 by setting aside the order dated 14/07/2023 passed by the SDO and restored the order dated 12/06/2023, without affording any opportunity of hearing to the present petitioner, who has an affected party, which is bad in law.
3.
Learned counsel for the respondent No.1 submits that as the
order of the SDO dated 12/06/2023 was already restored, the writ petition be disposed of with a direction to both the parties to appear before the SDO for further proceeding in the matter by affording opportunity of hearing to both the parties afresh and the SDO be directed to conclude the proceeding on the presence of both the parties within a stipulated period.
4. I have heard learned counsel for the parties and perused the
order of the Collector dated 21/10/2024.
5. It appears from the order of the Collector that the Collector has passed the order and set aside the order of SDO dated 14/07/2023 without affording any opportunity of hearing to the present petitioner, hence, the order of the Collector dated 21/10/2024 is liable to be and is hereby quashed and the parties are directed to appear before the SDO on 04/03/2025
3 in the proceeding of Revenue Case No.202209100400403/A- 74/2021-22 and the SDO shall consider the case of both the parties in accordance with law and pass a necessary order within a period of 45 days.
6. With the aforesaid direction, this writ petition stands disposed of. SD/-
(Bibhu Datta Guru)
Judge Amardeep