^, cJ". 5^5 (3/ 8iiSaf°| P %^^^ ••'.^....•^ "A. -%i^. •- IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR.(OGJ WRIT PETITION (C) N0. ^8-^^ /2006 PETITIOINER 1. Rameshwar, S/o. Arti Sahu, aged about 27 (at present 44) years, R/o. Village Sarhar, Tahsil - Shakti, Distt. Janjgir-Champa (C.G.) . 2. Kaushalya, W/o. Gopiram, aged about 33 (at present 50) years, R/o. Village Raipura, Tahsil Shakti ^-^pistt.Janjgir-Champa (C^G.) ^.^•<te<??-9-^.3-r,T^§J3"shila,W/o. Shyam Kumar Sahu, aged about 31 •^'y'7 ~g.. (^Sf'years, R/o. village Dhamani, Tahsil Shakti, Distt. w--"^ >*''' ^s^" Janjgir-Champa (C.G.) ^? »- ..••" fv ^^ \ Damodar S/o. Aarti Sahu, aged about 36 (at present fAH' .o. 53) years, R/o. village Sarhar, Tahsil Shakti Distt. *;^{8k^y' JanJS^Champa (C.&) 5. Bharat S/o. Parsadi Sahu, aged about 42 (at present 59) years, R/o. village Sarhar, Tahsil Shakti Distt. Janjgir-Champa (C.G.) VERSUS RESPONDENTS 1. Smt. Gurwari Bai, Wd/o. Late Tulshi, aged about 60 (at present 77) years, R/o. Village Sarhar, Tahsil Shakti, Distt.Janjgir-Champa (C.G.) 2. Smt. Toran Bai (D/o. Tulshi) W/o. Miluram, aged about 45 (at present 62) years, r/o. Village Sarhar, Tahsil Shakti, Distt. Janjgir-Champa (C.G.) Smt. Chanda Bai, D/o. Tulsi, agedabout 48 (at present 65) years, r/o. village Darang, Tahsil Shakti, Distt. Janjgir-Champa (C.G.) State of Chhattisgarh, through - Collector, Distt. Janjgir-Champa (C.G.) 5. The LandAcquisition Officer, Distt. Janjgir-Champa (Chhattisgarti) WRIT PETITION UNDER ARTICLE 226/227 OF JHE CONSTITUTION OF INDIA FOR ISSUANCE OF AN APPROPRIATE WRIT IN THE NATURE OF'MANDAMUS / CERTIORARI ETC. OR DIRECTION / ORDER IN THE LIKE NATURE. XI-HC-78 3^'XII'tllCf'M, ®Tflwi<o,Rlcllti^ *llHWlsh^lich"l<v* •'""'''•i'-r'~;""^ 200^ 3IT^?T BTsich (1^3^8T) s^ Sn^T^Tf^ITO OTTSn^TstiXJ* ?Rnw?ri?cT3Ti^T peti^ion 22.11.2006 Shri Vinay Pandey, couns Heard on admission. By way of this writ Constitution of India, the have cbsSlenjged the legaUty unpugued order 14.9.2006 Judge, Sakti. It appears that trial Court has aUowed the Order 6, Rule 17 of fhe Code marked as auaexure P-2. A i that fhe plaintifFs had ffled a ainount of coinpensation by of fhis amendinent, they had 13-A, inaking aBegations that to pay fheir part of fhe plauittffs shall be entitled property on. account of which fhey are clainung under Leamed counsel for amen.dineut permitted to be u| fhe suit. He also submits thal come ia the way in case, the p^ decree ia the terms prayed by In the opiaion df fhis no error of law while allowiugl pet^tioners, app|licati.on compensa^ion adjust^uent tilie t>l<<t<1<11-f TOI?rf ff fei^ (tesiT ^iSTf^Hsn^r el for the petitioners. filed uuder Article 227 of the pet^ti.oners, who are the defendants, validity and propriety of the pjassed by the Additional Distnct ^y the impugned order, tihe learaed of titie plamtiffs filed under t>f Civil Procedure for ainendment, krusal of fhe rccords would show siut for recoveiy of their part of ca][culatm.g fheir share iu it. By way Iprayed for incorporating para No. i|f the defendants would not be able sa^ion, as has been prayed by them, |o get their shares from. the laaded ia the part of coinpensati&u, pieu- right to partition, petitioners submits that fhe u^corporated chauges the nature of the point of limitation would also laintiffs are held to be entitled for a ftiem.. Co|urt, the ta-ial Court has committed such an am.endment because fhe o - XI-HC-78 -^o +11*1MI Shlich 3^''<iNici'4,(STfl«f'is,Ri<iiyy __ (^-p.^f-i-r W1[ 200 3<l^<l <<acn (iy(^°ii,isr) sn^TwR-fi* OTT sn^r giiiNi M-t'n^ti, ]amendment appears to be withj Isuit. So far as the grouiids ra Ipetitioners are conceraed, these |way of filing a consequential |and the same caa be adjudicatei [Court and on fhese grounds, fhe |ofthe pardes, cauuot be denied l |no laerits ia fhis writ petitioa. The same is dismissed at ti In view ofthe above, M.W.l II.A.NO. 10249/2006 for urgent he; ?RITW H%(T Sn^?T •2- - th^n the purvicw and scope of fhe aiutodment |ised by leamed counsel for the ^rounds may be taken by him. by in fhe written slatement fi at the proper stage by fhe trial lainendiaent set forfh on the right y the Court. There appears to be |ie inotion stage itself. r.4397/2006 for grant ofstay and ^ring stand disposed of. .J]--—-— »i<<F<i<n-i'•ii*«iTffteA<Ri«i< ^sTf^Tsn^r Sd/- SunaKumarsinba Judge P.T.O.