MOHANLAL v. KARAMCHAND SUNDARANI (DIED) THROUGH LEGAL HEIRS
WPC/3418/2025 · 2025-07-03
Shri Arvind Kumar Verma
body2025
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[ 2025 DAILYLAW 57252 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57252 (CHH) · dailylaw.ai ]
Judgment text
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1
2025:CGHC:30504 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No.
3418 of 2025
1 - Mohanlal S/o Vishnu Prasad Chandrakar Aged About 66 Years R/o Village Bramhanpara Azad Chowk Kurud, Tehsil Kurud, District Dhamtari (C.G.) 2 - Tejeshwar @ Chhotu S/o Mohanlal Chandrakar Aged About 47 Years R/o Village Bramhanpara Azad Chowk Kurud, Tehsil Kurud, District Dhamtari (C.G.) 3 - Digeshwar S/o Mohanlal Chandrakar Aged About 45 Years R/o Village Bramhanpara Azad Chowk Kurud, Tehsil Kurud, District Dhamtari (C.G.) 4 - Narendra S/o Mohanlal Chandrakar Aged About 49 Years R/o Village Bramhanpara Azad Chowk Kurud, Tehsil Kurud, District Dhamtari (C.G.)
... Petitioner(s) versus 1 -Karamchand Sundarani (Died) Through Legal Heirs Nil (A) Smt. Meena Sundarani Wd/o Late Karamchand Sundarani R/o Gobara Nawapara, Rajim, District Raipur (C.G.) (B) Bunty Sundarani S/o Late Karamchand Sundarani R/o Gobara Nawapara, Rajim, District Raipur (C.G.) (C) Gulab Sundarani S/o Late Karamchand Sundarani R/o Gobara Nawapara, Rajim, District Raipur (C.G.) (D) Rinki Asanani W/o Shri Vijay Asanani R/o Jawahar Nagar, Bichiya, Reenwa, District Satna (M.P.) 2 - Dr. Baljeet Kukareja S/o Niranjan Singh Aged About 75 Years R/o Village Gobara Nawapara, Rajim, District Raipur (C.G.) 3 - The Chhattisgarh Revenue Board Bilaspur District Bilaspur (C.G.) 4 - The Additional Commissioner Revenue Division Raipur, District
2 Raipur
(C.G.) 5 - The Sub Divisional Officer (Revenue) Kurud District Dhamtari (C.G.) 6 - The Naib Tehsildar Magarlod District Dhamtari (C.G.)
---- Respondents ----------------------------------------------------------------------------------------------- For Petitioners : Mr. Hemant Kumar Agrawal, Advocate. For Respondent-State : Ms. Poorva Tiwari, PL ----------------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge
Order on Board 04.07.2025
1. The petitioner has filed this writ petition with following prayers: 10.1 That this Hon'ble Court may kindly be pleased to call related all the entire records of Revenue Revision Case No. RN/04/R/A-6/269/2019 Mohan Lal & others Vs Karamchand Sundarani (died) through Smt. Meena Sundarani & others of Chhattisgarh Revenue Board Bilaspur Link Court Raipur (C.G.). 10.2 That, this Hon'ble Court may kindly be set-aside/quash the impugned order which was passed in the Revenue Revision Case No. RN/04/R/A- 6/269/2019 Mohan Lal & others Vs Karamchand Sundarani (died) through Smt. Meena Sundarani & others of Chhattisgarh Revenue Board Bilaspur Link Court Raipur (C.G.) dated 05.07.2024, and also set- aside the aforesaid related impugned orders of the Revenue Courts, because passed orders are bad, perverse against the established Principle of law and against the Principle of natural justice. OR
3 10.3 That, this Hon'ble Court may kindly be please to remand Revenue Revision Case No. RN/04/R/A- 6/269/2019 HON'S VINTIS Mohan Lal & others Vs Karamchand Sundarani (died) /through Smt. Meena Sundarani & others of Chhattisgarh Revenue Board Bilaspur Link Court Raipur (C.G.) to the original revenue Court, Court of Naib Tehsildar Magarload, District Dhamtari with direction that the Court of Naib Tehsildar after giving proper hearing opportunities to the parties, and after that pass a fresh order. 10.4 Any other relief or relief(s) which this Hon'ble Court may deem fit or proper in the facts and circumstances of the case may also be granted to the petitioners along with cost of the litigation.”
2. Perusal of record reveals that there is dispute between the petitioners and private respondent No.1 (A to D) with regard to their ancestral land and in this regard Second Appeal No. 441 of 2019 is also pending
consideration before this Court wherein on 09.12.2019 it is directed that till the next date of hearing, no 3rd party right shall be created.
3. In view of above, this Court is not inclined to entertain this writ petition at this stage as it is not maintainable.
4. Accordingly, writ petition is disposed of. CC as per rules. Sd/-
Sd/- (Arvind Kumar Verma) Judge J/-