.rf^T6^ f/'^ '^ fc HIQH COURT OF CHHATTISGARH AT EILASPUR WRIT PETITION ( C) N0. 4980 OF 2011 PBTITIONBR RESPONDENTS Vs. 1. 2. 3. 4. 5. 6. 7. 8. Budheshwar Venua, son of Late Shri Nandram Venua, aged 64 years, resident of Telibaiidha, Raipur, TehsU & District Raipur (CG). State of Cfaliattisgarh, fhrough fhe Secretary, Departinent of Revenue, D.K.S. Bhawan, Manta-alaya, Raipur(CG). The Conunissioner, Raipur Division, Raipur (CG). The Additional Comniissioner, Raipur. The Sub Divisional Of&cer (Revenue), Raipur(CG). The Tehsildar, Raipur (CG). The Additional Tehsildar, Raipur (CG). Rajesh L Veera, son of Shri L.N. Veera, resident of Fafadih, Raipur, Tehsil aad District Raipur (CG). Kumari Pinky, d/o of Shri Sukalu, resident of Telibandha, Raipur(CG). PETITION UNDER ARTICLE 226/227 OFTnHE^CONSTITUTIOJ^OF INDIA. (SB :Hon'ble Mr. T.P.Sharma, J.) Present:- Shri B.P. Sharma, Advocate for the petitioner. Shri Akhil Agrawal, P.L. for the State/respondents No. 1 to 6. Respondents No. 7 85 8 not noticed. ORAL- ORDBR (Passedon 27/08/2011) 1. By this petition under Article 226/227 ofthe Constitution oflndia petitiouer has substantiaUy prayed for suitable direction to Conunissioner, Raipur for hearing of stay application filed on -behalf of fhe petitioner specially in fhe Ught of order dated 17/8/2011 passed by Additional Tahsildar, Raipur District Raipur C.G. for eviction ofpetitioner froin land in dispute. 1 '"""'^. -^.. ' ^\- ^^y' -<^- 2. Shri B.P. Sharma, Advocate for the petitioner and Shri AkhU Agrawal, P.L. for fhe State/respondents No. 1 to 6 are heard. 3. Order impugned. copy of other docuinen.ts aad appUcation perused. 4. As per copy of fhe order ia proceeding under Section 250 of fhe C.G. Land Revenue Code, 1959 (tn short 'fhe Code') relating to laad situated on Nazual area, Nazual TahsUdar has passed fbe order of reinstateinent of Bhurmswami illegaUy dispossessed froin his land m Revenue Case No. 10-A/70 Year 2009-10 vide order dated 28/7/2010 same was chaUenged before fhe Sub Divisional Officer, (R) Raipur (C.G.) in first appeal by the petitioner vide order dated 13/6/2011 in case No. 122/A 70 Year 2009-10, Sub Divisional Officer, (R) Raipur (C.G.) has dismissed the appeal but has granted stay ofexecution offhe order tiU 28/7/2010 same was chaUenged before the Additionat Commissioner, Raipur in second appeal and also ffled application for stay on 27/7/2011 respondent Rajesh L Veera has filed one caveat application on the basis of such caveat appUcation Additional Comiuissioner, Raipur has directed for issuance ofnotice to caveator aad has fixed fhe case for 8/8/2011. Agaia present petitioner has also filed one appUcation for status- quo on 8/8/2011 but no order has been passed and again case lias been Sxed for 29/8/2011. Order dated 17/8/2011 passed by Additional Tahsildar, Raipiu- District Raipur (C.G.) vide letter No. 818/4/Wa-2/Add. Tah./2011 reveal that eviction order has been sent for execution aad has directed for execution on or before 29/8/2011. 5. VirtuaUy considering fhe factum of eviction Additional Conunissioner, Raipur was iinder obligation to pass appropriate order ou appUcation for stay filed on behalf of the petitioner but Af\ ^ -3. Additional Coininissioner, Raipur has not passed aay order on stay application aad has adjoumed ftie case. Considering ffae nature of urgency, petition is disposed of wifh foUowing directions thafc- Additioaal Commissioner, Raipur shatl pass the appropriate order ou fhe application ffled on behalfof the petitioner under Section 52 of the Code for stay as early as possible. TiU that Additional TahsUdar, Raipur District Raipiu- (C.G.) shall not execute fhe order dated 17/8/2011 i.e. foreviction (^'isloTl ^N5). -l^ No order as to costs. Certl&ed copy today. Sd/- T.P. Sharma judge |nii«»i«»Hateia