Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:8331
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 945 of 2025 1 - Parvati Jogi W/o Reshamlal Jogi Aged About 57 Years R/o Village Murlidih, Tehsil Akaltara, District - Janjgir Champa (C.G)
... Petitioner(s) versus 1 - State of Chhattisgarh Through Secretary Revenue And Disaster Management Department, Mahanadi Bhawan, Atal Nagar, Naya Raipur
District
Raipur
(C.G) 2 - Sub Divisional Officer (Revenue) Akaltara, District Janjgir Champa
(C.G.) 3
- Tehsildar
District
Janjgir
Champa
(C.G) 4 - Naib Tehsildar Akaltara, District Janjgir Champa (C.G.) 5 - Suksagar S/o Kunjram, R/o Village Murlidih, Tehsil Akaltara, District Janjgir Champa (C.G)
... Respondent(s) For Petitioner(s) : Mr. Prateek Singh Thakur, Advocate For Respondent/State : Mr. Anmol Sharma, Panel Lawyer
Hon’ble Shri Bibhu Datta Guru, Judge
Order on Board 18/02/2025 AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.02.21 10:43:31 +0530
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1. By the present writ petition, the petitioner is seeking a direction towards the respondent/SDO to consider his interim application in an appeal under Section 44(1) of the C.G. Land Revenue Code, 1959, which has been filed by the petitioner questioning the order of the Naid Tahsildar in Revenue Case No.202404064100012/B-6/2023-24 dated 03/12/2024.
2. Learned counsel for the petitioner would submit that the appeal has been filed on 17/12/2024 and the interim application has been filed on 04/02/2024. He further submits that though the appeal has been filed on 17/12/2024 and the application seeking direction to stop the construction made by the private respondent on 04/02/2025, which is still pending before the SDO and the same has not been considered by the SDO.
3. Learned counsel for the State by referring the order sheet submitted that interim application has been filed by the petitioner on 04/02/2025 in the appeal filed by the petitioner and the next date of hearing on the appeal has been fixed on 04/03/2025 and if the interim application is still pending before the SDO, the same shall be considered on 04/03/2025 in accordance with law
4. I have heard learned counsel for the parties and perused the
order of the SDO in the proceeding of the appeal filed by the petitioner under Section 44(1) of the Code, 1959.
5. It appears from the pleadings that the petitioner has filed the appeal on 17/12/2024, however, the interim application has
3 been filed by the petitioner on 04/02/2025, now the matter has been fixed for hearing on 04/03/2025 by the SDO, hence, it is
directed that the SDO shall consider the interim application dated 04/02/2025 in accordance with law on the next date of hearing on 04/03/2025.
6. With the aforesaid observation and direction, the writ petition stands disposed of. SD/-
(Bibhu Datta Guru)
Judge Amardeep