HIGH COURT OF CHHATTISGARH AT BILASPUR w.P. (227) No. 6635 of 2011 PETITIONERS/ Defendants no. 8 Defendant No. 9 RESPONDENTS/ Plaintiff 1. VERSUS Defendants Ram Khedia, aged about 44 years, S/o Late Shri Pumshottam Das Khedia, Caste-Khedia (Agrawal), Occupation Business, R/o Hrishabh Kunj, Vikas Nagar, Bilaspur, Police Station Civil Line, Bilaspur, Tahsil &. District Bilaspur (C. G.). M/s K.D. Resources pn‘vats Limitsd, Bilaspur, through the Dilector, Kaihsh Khusalani, aged about 40 years, S/o Shri Jeevan Ram Khusalani, Caste~Sindhi, Occupah‘on Business, R / o Sarkanda, Tahsil 8n District Bilaspur (C. G.). Av'mash Dub¢y S/o V.P. Dubey, aged about 53 years, R/o 18/1, Maharshi Dcvcndra Road, 8th Floor, Calcutta 700007 (West Bengal) Smt. Pushpa Devi W/o Late Kotcshwar Prasad Dubey, aged about S2 ycars, R/o Near Shefar School, Dharma Prakash Chawl, Kududand, Bilaspur (C.G.). Satyadev Dubey, S/o Late Gayaprasad Dubey, aged about 76 years, R/o 10 F‘ulaxanj Sadhvi Sadhwasa Kala Nagar, Bandra {East} Mumbai (Maharashtra). Satyajit Dubey, S/o Late Shri Sutikshan Dubey, aged about 2O yeaxs, R/o Near Shefar School, Dharma Pmkash Chawl, Kududand, Bilaspur (C.G.). Kuman‘ Shailja Dubey, aged about 19 years S/o Late Shrl Ravi Baba, R/o 16 Dharma Prakash Bal, Near Shefar School, Dharma Prakash Shawl, Kududand, Bilaspur (C.G.). Smt. Swechchha, aged about 40 years, S/o Late Shri Koteshwar Prasad, R/o C/62, Shn' Krishna Aparmlent, Mowa Raipur, Tahsil 85 Distn'ct Raipur (C.G.). Smt. Savita Dubey, aged about 40 years, W/o Late Shli Suh'kshan Dubey, R/o Near Shefar School, Bilaspur, Tahsil & Distn'ct Bilaspur (C. G.). Knmari Suvigya Dubey, aged about 16 years, D/o Late Shn' %\ WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA. s. [SB :Hon’ble Mr. T.P.Sharma, J.) Present:- Shri Ratnesh Kumar Agrawal, Advocate for the petitioners. Shri Suniit Jhanwar, RL. for the State/respondents No. 10 to 12. Respondents No. 1 to 9 not noticed. ORDER (Passed on 14/11/2011) 1. By this petition under Article 227 of the Constitution of India petitioners have challenged the legality and propriety of the order dated 1 / 8/ 20 1 1 passed by District Judge, Bilaspur in civil suit No. 54A] 10 whereby preliminaxy objection iiled on behalf of the petitioners relating to non service of summons to respondents No. 1 .to 7 has been dismissed. 2. Shri Ratnesh Kumar Agrawal, Advocate for the petitioners and Shri Sumit Jhanwar, P.L. for the State/respondents No. 10 to 12 ale heard. 3. Copy of the order impugned and other documents perused. In the light of execution of special power of attorney dated 26/4] 2010, 10/ 5/ 20 10 8r. 19/5/2010 relating to suit property and Clause-8 specially power of attorney. Clause 8 reads as follows:— “To institute proceedings in a court of law under his signature in respect of above property and to defend any such proceedings on my behalji” ,/// Sutikshan Dubey, minor through mother Smt. Savita Dubey, W/o Late Shri Sutikshan Dubey, R/o Ncar Shcfar School, Bilaspur, Tahsil 8r. Ditrict Bilaspur (C.G.). 9. Nazul Omcer, Nazul O$ce Collectorate Pmmises, Bilaspur, District Bilaspur (C.G.). 10. Commissioner, Municipal Corporation, ,Bilaspur, Disin'ct Bilaspur (C.G.). 11. District Excise OEiccr, Excise 0&ce, Bilaspur, District Bilaspur (C.G.). 12. State of Chhattisgarh, through the Collector, Bilaspur, District Bilaspur (C.G.). ,Z, I (bf) I do not find any megahty m thc order unpugned reqmnng anv Interference 1n exerc1se of superwsorv Junsdlchon 1n terms of under Amcle 227 of the Consutuflon of Indxa Consequently pehuon 1s hable to be dlsmmsed and 1s hereby d1sm1ssed at the stage of adm1ssmn 1tself. No order as to costs. Interim application stands disposed o£ sd/— T.P. Sharma Judge