SIN8LE 1ENC? E1E c - ^ , 1 IN THE HON'BLB HIGH COURT OF CHHATTISGARH AT BILASPUR (C.G.) WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA W.P.( 227) No^ri0 /2011 PETITIONER, : UOM~ A^plt&^f— na.Il RESPONDENTS :- ^^^Cffn)-^ ^y 4, .\V^./"/ O *..*'.)'..'''. .••" 'V"./'/^.--"il.-'' .*° 4^'.' .•'\lth.--'~1\'*>) g .j<'~^y p ^^''Y'y' '>"^\ >' / •if' Y t^.trT\ t^fVw^ ')»'1-^6, <i>- ^^ ' { -^^ \^%.' «[Sffy&^^\*\w^-f \^\c-^Sf '^- %"*;>; 'si-6i ^ m^: |^M\ <!^ 8: flo' M ^- / iJem-^/r^- 9. tw-y^. ^Rama Pathak Widow of Late Shri R.P. Pathak, (daughter ofJainarain) Aged about 59 years , R/o Magarpara- Jarhabhata road, Near Deshbandhu Press, Magarpara Tahsil 85 District Bilaspur (C.G. ) Versus. Srat. Shakuntala Mishra aged 55 years, Widow of Late Shri Lochan Prasad, R/o Village Bodri, Tahsil Bilha, District -Bilaspur (C.G.) Anil Kumar S/o Late Shri Lochan Prasad, aged about 38 Years, R/o Village Bodri, Tahsil- Bilha, District -Bilaspur (C.G.) Arwind Kumar S/o Late Shri Lochan Prasad, aged about 34 Years, R/o Village - Bodri, Tahsil - Bilha, District -Bilaspur (C.G.) Pankaj Kumar S/o Late Shri Lochan Prasad, aged about 30 Years, R/o Village - Bodri, Tahsil - Bilha, District -Bilaspur (C.G.) Smt. Minakshi W/o Pankaj Mishra, aged about 40 years, D/o Late Shri Lochan Prasad, R/o Doupara chowk Mungeli, Tahsil - Mungeli, District -Bilaspur (C.G.) Naredra Kumar S/o Late Shri Jeevan Lal Mishra, aged about 50 Years, R/o Village - Bodri, Tahsil - Bilha, District -Bilaspur (C.G.) Manoj Kumar S/o Late Shri Jeevan Lal Mishra, aged about 44 Years, R/o Village - Bodri, Tahsil - Bilha,- District -Bilaspur (C.G.) Shiv kumar S/o Late Shri Jeevan Lal Mishra, aged about 42 Years, R/o Village - Bodri, Tahsil - Bilha, • District -Bilaspur (C.G.) Shatrughan S/o Late Shri Jeevan Lal Mishra, aged about 38 Years, E r'l'Ti-Ajy-lte^-'n&^O ^w/n - /9^i»c»^oo'^i i ^w/y7,il^^ft<!'^i2. (\»T\ f<IVf\ _^,t^^^l3. ^14, ^yn-^y^",^ .,15. ^MIK~ ""f1".10^' 16, R/o Village - Bodri, Tahsil - Bilha, District -Bilaspur (C.G.) Dinesh Kumar S/o Late Shri Jeevan Lal Mishra, aged about 52 Years, R/o Village - Bodri, Tahsil - Bilha, District -Bilaspur (C.G.) Ku. Sarla S/o Late Shri Jeevan Lal Mishra, aged about 48 Years, R/o Village - Bodri, Tahsil - Bilha, District -Bilaspur (C.G.) Ku. Shyama S/o Late Shri Jeevan Lal Mishra, aged about 37 Years, R/o Village - Bodri, Tahsil - Bilha, District -Bilaspur (C.G.) Ku. Uma S/o -Late Shri Jeevan Lal Mishra, aged about 35 Years, R/o Village Bodri, Tahsil - Bilha, District -Bilaspur (C.G.) Draupdi Bai Widow/o Late Jeevan Lal, aged about 65 Years, R/o Village - Bodri, Tahsil - Bilha, Dista-ict -Bilaspur (C.G.) Kusum Bai Widowof Bhuvan Lal, aged about 65 Years, R/o Village - Bodri, Tahsil - Bilha, District Bilaspur (C.G.) State of Chhattisgarh Through Collector, Bilaspur IT PETITION UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT / WMTS, DIRECTION/DIRECTIONS, ORDER/ORDERS ETC. ^" ^f-""-'-f flliss8; ! '^BS 8^ ^. ^? ^ 'iate-asgS.^ HIGH COURT OF CHHATTISGARH AT BILASPUR S£: Hon'ble Shri Prashant Kumar Mishra Writ Petition (227) No. 750/2011 PETITIONER : Rama Pathak. Versus RESPONDENTS : Smt. Shakuntala Mishra and others. Appearance: Shri K.A. Ansari, Senior Advocate with Shri A.S. Ansari, counsel for the petitioner. Shri R.R. Sinha, Panel Lawyer for the State/respondent No.2. WRIT PETITION UNDERARTICLE 227 OF CONSTITUTION OF INDIA ORAL ORDER (08.02.2011) Heard. (2) Petitioner has challenged the order passed by the Board of Revenue which has allowed the revision preferred by the Lochan Prasad Mishra the Predecessor in title of respondents No. 1 to 5 and while allowing the revision the order passed by the Additional Commissioner, Bilaspur Division, Bilaspur on 01/04/1 %9 and the first appellate order passed by the Sub Divisional Officer, Bilaspur on 20 Mareh, 1997 has been set-aside and the original order of mutation passed by the Revenue Inspector on 19/06/1995 on mutation No. 82 has been restored. (3) The dispute relates to Khasra No.114/2 area 2.52 acres situated at village Bodri, Tahsil Bilha, District Bilaspur. According to the petitioner, on the application of Lochan Prasad Mishra the Revenue Inspector mutated his name by mutation No.82 dated 19/06/1995 on the strength of alleged alienafion in favour of Lochan Prasad Mishra on a notarized stamp of Rs.5. Learned counsel for the petitioner would 7 ^p^^ "!s'f^'^:s^' —2-- further submit that such disposition of an immovable property having value more than Rs.100/- can not be made without any registered instrument, therefore there was no valid and lawful alienation in favour of Lochan Prasad Mishra and Revenue Inspector committed a serious illegality by accepting the application filed on behalf of Lochan Prasad Mishra for mutation of his name in the revenue record concerning the relevant khasra number. (4) On perusal of the record, it would appear that serious disputed question of fact and title are involved in the present matter. It has been mentioned that the family of late Shri Jai Narayan Mishra was having severa! piecefof land and the dispute regarding Khasra No.114/2 is one ofthem. Pleading has also been made about previous partial partition. In view of the nature of dispute involved, it appears to the Court that disputed questions of fact and title cannot be examined in proceeding under Article 227 of the Constitution of India inasmuch as parties wil! be required to lead extensive oral evidence as also to prove old revenue records and other instruments to prove their respective title over the suit land. (5) In view of the above, the petitioner, if she so desires, may prefer a duiy constituted Civil Suit within a period of three months from today and if such suit is filed the jurisdictional Civil Court sha!l adjudicate the matter in accordance with law. Till the Civil Suit is filed and petitioner's prayer for temporary injunction is considered and disposed of by the jurisdictional Civil Court, the operation ofthe order passed by the Board of Revenue shall remain stayed. (6) With this observation, the instant petition stands disposed of. Sd/./- prashantKuisar Judge 'f-