IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA W.P. (ART 227) No. 133% /2009 Mohammed Yaqub, S / o. Mohammed Raiique, aged about 76 years,‘ R/ o. Village Tikerkala (Jogi Road, PETITIONER Non—applicant Review Petitioner Dongri) , Tehsil Pendra District Bilaspur (C.G.) Versus Tej Bhan, S/o. Dayal Singh, aged about 35 years, R/o. Tikarkala (Jorrgi Dongri), Tehsil Pendra~ Road, District Bilaspur (C.G.) The State of Chhattisgarh, through Collector Bilaspur (C.G.) RESPONDENTS :1) yphcant w v.w" ”a . ’- - . WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF // wussro “A "\ APPROPRIATE DIRECTION/DIRECTIONS WRIT/WRITS, etc. ORDER/ORDERS, Q F fZ I , - W Pucm¢7 > Nb «3313/49 mm in zoo Hmmm Wwm mm fg€tm $afl=<mm 120/A-23/2003—G4, therefore, $116 Board of Revenue has passed 120/A-23/2003-04 without justice and also dismissed the violation of principles of natural 13. sel appearing for the respondent submits that in fact, the facts o both the cases are identical, and the learned Board of Reven e, Iightly passed the Ofder in Revision No. 120/A-23/ 2003-0 A bare perusal of both order passed on 10th July 20 7 in Revision Case No. 119/A- 23/ 2003-04 (Tejbhan —v— Niz the order in Revision Case hearing the parties in utter V uddin and anr.) has been applied in other revision, which was pending between Petitioner and Tejbhan, without healing the p titioner and also the respondents in that revision, therefore, in act, the order passed in 120/A— 23/ 2003-04 has been passed 'thout hearing the parties in utter violation of principles of na be quashed, Therefore, considering th arguments advanced by learned counsel for the panics and the facts situation of the case, in my considered opinion, the order p ssed in Revision Case No. 120/A- 23/2003—04 be een the peti 'oner and Tejbhan and also the mm (Wu) Dr. Pandey, learned co review petition vide Annexure P— justice and the same deserves to 111 zoo mm (Wu) MWW mmm WWW $MWW‘§@W émimm ordtr passed in Review 05136 No. RW/02/R—A-23/58/2007 (Annexure P- 13) ale liable to 1: to be remitted back to the reheating of the revision prefex with law after hearing both the Accordingly, the order d‘ Case No. 120/A-23/2003-04 passed in Review Case No. R‘ P-lS) are quashed and the ma of Revenue, Bilaspur for reheaJ No order as to costs. e quashed and the matter is liable Board of Revenue, Bilaspur for red by the petitioner in accordance parties on its own merit. ated 10—7-2007 passed in Revision and also order dated 1041-2008 N/OQ/R-A—23/58/2007 (Annexure atter is remitted back to the Board ing of the revision preferred by the petitioner in accordance with ilaw after hearing both the parties on its own merit. / /7,, Wm i sal- NK. Agrawa‘ Judge H