d^ ^A IN THE HIGH COURT OF JUDICATURE AT BILASPUR, CHHATTISGARH WRIT PETITION N0. ^J2<T^ of 2005 "^ PETITIONER/ DEFENDANT N0.1Af. •n^^/ <?fy' ^y' Hari Sinha, S/o Lal Ji Sinha, •^ Aged about 55 years, Present ^ Address Aghoreshwar Abilash.:. Service Station (Petrol and Diesel Pump), Gamhariya, Jashpumagar (Chhattisgarh). ^.^0^ ^•" .'y. RESPOND'ENT/ PLAINTIFF ^<N ^/ r^..^ 'v ^p^'^ 6> *'?^ <0 RESPONDENT/ DEFENDANT N0.2 RESPONDENT/ DEFENDANT N0.3 CSPONDENT/ DEFENDANT N0.4 Versus 1. Vishwanath Sharma, S/o Jamuna Prasad Shamia, Aged about 77 years, Mantri Shri Sarveshwari Samuh Avam Baba Bhagwan Ram Awadut Tmst Kust Seva Ashram, Varanasi (Uttar Pradesh), Branch Gamhariya, Jashpur (Chhattisgarh). Permanent R/o Darogapara, Raigarh (Chhattisgarh). X Unionoflndia, Through Secretary, Ministry of Petoroleum, Shastri Bhawan, New Delhi-1. 3,. Managing Director/ Senior Divisional Manager, Bharat Petroleum Corporation Limited (BPCL) Kanoriya House, Palm Road, Nagpur - 400 001 (Mahrashtra). /4. State of Chhattisgarh, Through : Collector, Raigarh (Chhattisgarh). WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA 64 ^iyq -^liqiO^, tPTll1<-|<|<?, Rlc6K-t^ *ll*ic6t §?:R7^ h'"" " BV^J'^ -'-y-r" -^^^ .r. .r-.. - -. 3Tf^5T q^P (tjc|i^c|«£{) ^2005" 3H^^T^rRV1'i<h ^HW^^T4)^i<b Borve BTOTT^f?^fl^T OT^^T 22-8-2005 5hri V. R. TiWQri.counsel Shri Parag Kotecha, Pone! 8y the in^tant peti+ion, propriety and correctness of th< CivSi Jud9e, Class l^ Jashpur, in filed by The petitioner to decid^ has been rejected on the groun^ of fact and law and without QS preliminary issue. I have 9one throuqh the triai Court in which the trial mixed questions of fact and recording evidence of the par^i questions are decided after reco^ decided thereafter. In view of the above, I d4 ^ame i^ liable to be di^mi^sed Qn41 Consequently, M.(W.)P. ai^o stand disposed of. for the petitioner. (Lawy&r for the State. '('he peti+ioner hcu? que$tioned the legajity^ order dated 5-5-2005 pfl^sed by the First ivil suit No.5-A/97 wh^reby the oppJicatiori issue Nos.5. 7 and 8 as prelimirtQry issue that these questions are mixed question^ ^rding evidence the ^arne cannot be decided <Pl^fo<n^ ^l+loT^Bfe^ ^Ryt^-$i>( ^3ri^RT3Tr^$T rec^r ^Jdnt, issuefi and the order passed by the Cou^t has recorded that all the 3 questions are and finding can be recorded onjy after ied. It is also not possible that these 3 <lding evidence first and remaining should be lalv not find anysubstance in this petition, the it is dccordingly di^mi^ed. No.2780/2005 and I.A. No.6290/2005 Sd/- L.C. Bhadoo Judge / SP/FS/2005-20,000 ^ ^/^ "¥ ^ ^ ^\^ ^