r^yvi :,T ^;;':::i'-.-^ -) r^. /^ ^^ IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR fC.G) _ A4^_ W.P. (£)N0. U5 /2009 PETITIONERS 9- ^^^ ^ ,9 y"":^, ^c ..-:ys W-" :1. ShankarDhanwani, aged about 35 years, S/o Keshavmal, . 2. Dilip Dhanwani, aged about 32 years, S/o Keshavmal, Both are resident of Rajendra Nagar, Bilaspur, Tahsil & District- Bilaspur (C.G.) '^ VERSUS RESPONDENTS ^^'sf ^ ^' :1. -Shahnaj Bcgum, W/o Shekh Mohammed, R/o Rajen4Fa Uag^j^-BUaGpur, Tahsil & D4s^4€t-Bi+aspur(C.G.) 2. State of Chhattisgarh Through Collector, Bilaspur, District-Bilaspur (C.G.) 3. Board of Revenue Chhattisgarh, Bilaspur (C.G.) 4. Additional Collector, Bilaspur, District-Bilaspur (C.G.) 5. Nazul Officer, Collectorate, Bilaspur (C.G.) WRIT PETITION UNDER ARTICLE 2270FTHE CONSTITUION OF INDIA .yi.^'.E 8 5H • C ^s.- ^^ ^ • ^J\ 1^<;°'^ ^SSt(?4 ^> ^ ^. §^^^ S^O^WYA^ <^0 . ^UK^Z/, OL^ <tAn;r ^o yi^Y?^ CHu^^d) <2><V<(^ 5^0 S.V^Old^ t<Ao^0^lw\^o( , A-j^-t-d ^-T ^<-^^ , (-L6^^ ^V^AVji^ <U D 5VsU^^ tsA&V<<«m^<-^^ A^-J <»>'^ ^CJC^ ^^t^") ^. f^aJb\\i (^ <LoJ^'G- UJB ^J^ (sA&^^^^c-^ \^<-4^>rX-^ ^A\ RL\O ^^-^ ^^o^ ^t^<»o\., PL^^ [t^^ t^A^^. ^W^MT Cc_-<>*^ S6 iNtlfte, HtGH COURT OF CHHATTISGARH. BILASPUR SINGLEBENCH : HON'BLE SHRIPRASHANTKUMARM^MRA.J. W.P.f227lNQ.45of2009 PETITIONERS Shankar Dhanwaniandanother. Versus RESPONDENTS Shahnaj Begum and others. WRIT PETITION UNDERARTICLE227 OF THE CONSTITUTION OF INDIA. Appearance: Shri B.L. Dembra, counsel for petifioners. Smt. Hameeda Skldlque. counsel for tegal representsrth/e of respondentNo.l. Shri R.R. Sinha, Panel Lawyer for ttie Stert^respondente No. 2, 4 &5. ORAL ORDER (07/02/2011) RMIowing oral order of the Court wss passftd by Prashant Kumar Mishra. J. Heard on I.A. No.2 for bringing the togal.r^r^entath^^of respondent No.1 on record. No objection to this application. I.A. No. 2 is allowed. Necessary correctk>nshalll^macleduriTO'Ui^<?<iwiiw The retevant pjece of Nazul land belongs to one Alimuddin S/o Sahabuddin, R/o Chatapara BUaspur. On hfs death an applWon for mutation of her name was moved by respondent No.1 Shahnsu Begym (since deceased representect by legal representatives). This applicafion was allowed bytheNazul OfBcer.Bilaspur on 15/04/1999 (An^xyreP/3). The Nazul Inspector submitted a report (Annexure P/3-A) on 01/11/1999 that Shahnaj Begum is not a daughter of late Alimuddin, therefore the matter needs to be re-inquired. The Nazul Ofttcer again took up the matter and directed the parUes induding the petitioners to submit proof of the fact that Shahnaj Begum is the daughter of late Alimuddin. This order (Annexure P/5) dated 29/11/2002 passed by the Nazul Offtoer was chaltenged in appeal before the Additional Collector, Bilaspur. Th©said appellate Court allowed the appeal vide ite order dated €^10/2003 i'^s^y s^ ^1» (Annexure P/6). The appellate Court set-askle the order datedl 29/11/2002 and has also held that the resopening of thft^natter amQunUng to review is without jurisdicUon as prtor permission ofthe higher authorify as required under Section 51(1)(J)ofthe C.G. Land Revenue Cocle, 1989 was not obtained. This appellate order passed by the Additional CoMector was chaltenged by the petitioners in revision before the Boardof Revenue. Revjsion has also been dismissed bythe impugned order. In course of hearing tearned c<Hinsel appearing^^ representatives of deceased respondent No.1 informed that the petitioners have already preferred a Ch4( Suit before th^jurisdictionalCMl Court to establish their title and since the suit is pending, the present writ petition is not maintainabte. Leamed counsel for the ^titioner does not dtepule the pisndency ofthe Civil Suit. In view of the above. this Court is not inclined to adjudteate the dispute on merits. The petitioners may lead evidence before the CMI Court to establish his title as atso to establish that Shahnaj Begum was not a daughter of Alimuddingand recording of her name in the revenue records were iltegal. With this observation, the instant writ petition is disposed of. Noorderastocosts. _—-_— Sd/- Prashant Kumar Mishra Judge <.