IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR W. P. (227)No. ^^T?3 OF 2011. PETITIONER flaffW_i^_ ^^- y-^jS- ^ <^b .••••0'€\1^'' ^"^c%-' •:%. ^-" RESPONDENTS Teej Ram Napit, S/o. late Shri Neelkant, aged about 59 years, R/o. Village Nariyara, P. S. Pamgarh, District Janjgir Champa (C.G.) VERSUS ^ : 1. Lala Ram Sahu, S/o. late Badku Ram Sahu, aged about 47 years, 2. '' Siya Ram Sahu, S/o. late Shri Badku Ram Sahu, aged about 44 years, 3.' Sakharam Sahu, S/Q. Late Shri Badku Ram Sahu, aged about 40 years, All R/o. Village Nariyara (Chichipara), Post Nariyara, Tahsil and District Janjgir Champa (C.G.) 4. State of Chhattisgarh, Through : The Collector Janjgir, District Janjgir -Champa (C.G.) 2- WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA Petitioner Piaintiff RfiSBondente "w HiGH COURT OF CHHATTiSGWiH AT BiLASPUR Writ Petition SArt.227) .4473 of 2011 Teej Ram Napit, S/o. iate Shri Nsstont, aged about 59 years, R/o. Village Nariyara, P.S. Pamgarh, Disfrict Janj'gir Champa (C.G.) * Vefsus 1. Lala Ram Sahu, S/o. iate Badku Ram Sahu, aged about 47 years, 2. Siya Ram Sahu, S/o. ISte Shri BaeSku Ram Sahu, aged about 44 yeare, 3. Sakharam Sahu, S/o. Lata Shri Badku Ram Sahu, aged about 40 years, Ali R/o. Viitage Nariyara (Chichipara), Post Nariyara Tahsil and Disfrict Janjgir Champa (C.G.) 4. State of Chhatt'sgarh, Through : The Coiiector Janjgir, District Janjasf- Champa (C.G.) (Writ Petition under Articfe 227 oftha Consttotion of hdia) Mr.P.M.Shrhas, eounsej for ths peftioner. {SB: Hon'bis Mr. T.P. Sharma, .J.) ORDERfORAU (23-8-201.1) By ihis writ petstion undsr Article 227 of the Constihition of india the petitioner has chaltengsd tte isgaiity & propriety of the ordsr dated 5.4.2011 passed by 1 Ch/il Judge Class-li, Janjgir in Civil Suit No.lA/2011, whereby ttie Oourt beiow has dismissed the application fiisd by the petitioner/plaintiff for appointment of Commfesioner for demarcation ofthe disputed iand. Learned counsei for the petitioner seeks to withdraw Ws wrtt pstition with iiberty to fiie appropriate amendment application on the basis of subssquert event, which is necessary for just decision of ths suit. The writ petition ss dismissed as withdra\vn with the aforesaid iibsrty. if piaint is amsna'ed and ttie Court betow find it necessary to appoint the Commissioner for jusi decision of the case on the ground that boundary of fhe property may be decided on the basis of deinarcation, then ths Oourt bsiow is at ilberty to sntsrtain the appiication for appointmenf of Commissioner for demarcation <rf the dispiited land and pass the order afresh without infkienced by its previous order. No order as to costs. Sd/- T.P. Sharma Judge