/? HIGH COURT OF CHHATTISGARH. BILASPUR CORAM: Hon'ble Shri Sunil Kumar Sinha & Hon'ble Shri Radhe Shvam Sharma.JJ. W.A.No. 418/2011 APPELLANT RESPONDENTS 1 ^ 3. 4. 5. 6. 7. Shankar Lal, S/o Bhudayal, Caste- Chandranahu, aged about 47 years, R/o Village- Amakoni, Tahsil- Jaijaipur, District- Janjgir- Champa (C.G.). VERSUS Rajesh Kumar. S/o Devnarayan Chandra, aged about 30 years, Hemcharan, S/o Devnarayan, aged about 21 years, minor through brother Rajesh Kumar, R/o Chhirradih, Tahsil- Jaijaipur, District- Janjgir-Champa (C.G.). Hetram, S/o Bhudaya! Chandra, aged about 58 years, Shambhudayai, S/o Bhudayat Chandra, aged about 44 years, Uttarakumar, S/o Bhudayal Chandra, aged about 40 years, Appellants No. 3 to 5 are R/o Viilage- Amakoni, Tahsil- Jaijaipur, District Janjgir-Champa State of Chhattisgarh,through the Collector, Janjgir, District- Janjgir- Champa (C.G.). Sub Divisional Officer (Revenue) Sakti, District Janjgir-Champa fap3/ V»Xy ^) r' W.A.No. 418/2011 WR!T APPEAL UNDER SECTJON 2 OF THE CHHATTISGARH HSGH COURT (APPEAL TO DIVISION BENCH), ACT. 2006 Appearance: Mr. H.S. Patel, Advocate forthe appellant. Mr.A.S. Kachhawaha, Dy. Advocate General forthe State. ORAL ORDER (05.09.2011) SUNILKUiVIARSSNHA.J. Heard on admission. In a proceeding for mutation bearing Revenue Case No. 4/A- 6/07-08, Additionai Tahsiidar Harod passed an order dated 11 .08.08. The said order was challenged by the appellant before the Sub Divisional Officer (Revenue) by filing First Appeal No. 99/A-6/07-08. The Appellate authority disposed of the appeal vide order dated 25.02.2011 and remanded the matter to the concerned Tahsildar with certain directions. After passing of the final order In the first appeal, an appiication was filed by respondents 1 & 2 praying for stay of further proceeding before the Tahsildar. The Appellate authority observed in the order that after deletion of the provision of remand from the Land Revenue Code, the order passed was not proper, therefore, it was directed that the further proceeding before Tahsildar shall remain stayed. This order was challenged by the appellant by fifing W.P.(C) No. 3742/2011. The said writ petition has been dismissed, against which this writ appeat has been fited. Mr. H.S. Patet, learned counsel for the appe!Jant, submits that the order passed by the Sub Divisiona! Officer was an appealable order and the second appeal has already been filed by respondents 1 & 2 before the Additional Commissioner, Bilaspur Division Biiaspur and in the second appeal, the appiication filed for grant of stay has already been dismissed on 07.05.2011. His submission is that even after dismissal of the stay application in the second appeai, the proceedings before Additional Tahsildar are stayed on account of the order passed •^s^j .•/y. '^^..•...^^y ~'---s.^^^ ^l W.A.No. 418/2011 by Sub Divisional Officer, which was challenged by the appeliant before Writ Court. Since, the second Appellate authority has taken cognizance in the matter and has dismissed the application for grant of stay, instead of proceeding further in the matter, we deem it appropriate to dispose of this appeal with liberty to the appellant to file an appropriate application before the concerned Sub Divisional Officer bringing ait these facts into the notice of the said authority and to pray setting aside/vacating of the orders of stay which were granted by said authority on 09.03.2011 & 04.04.2011. With the aforesaid observations, the writ appeal stands finally disposed of. Certified copy as per rules. Sd/- Sunil Kumar Sinha Judge Rahul Sd/- R.S. Sharma Judge