S?~ HSGH COURT OF CHHATTiSGARH AT BILASPUI Writ Pstition (Art.227) No.STSS of 2011 PetitioRer Mahesh Ram Sao S/'o Shri Usat Piaintiff Ram Sao, aged about 26 years, Caste: Teii Ocbupation Agriculturist, R/o Viilage Kandagarh, __Police Station & Tahsii Pusour, District Raigsrh (C.G.) Versus ond Defendants 1. Gaurhari S/o Bhagwantia sao aged about 28 years, Caste Teti, Occupation Agricuiturist, R/'o Viitege Supa, Po'lce Station & Tahsil Pusour, District Raigarh (C.G.) 2. Neharu S/o Bhajo Ram Sao, aged about 33 years; Caste Teli, Occupation Agricuiturist, R/o Viiiage Kandagarh, Poiice Station & Tahsi Pusour, DistrtcS Raigarh (C.G.) 3. 4. State of Chhattisgsrh Through: CoSiector, Raigarh (C.G.) Smt.Noni Bai W/o Shri Amrit Lal Patei, aged about 48 yeare, Caste Aghariy, Occupati&n Agricutturist, R/o Viilage Pandaripani (East) Tahsii & Dlstrict Raigrh (C.G.) (Writ Petition under Artide 227 of the Constitution of India) Mr.Manoj Jaiswal, counsel for the petitioner. Mr.Akhll Agrawat, Panel Lav/yer for respondent No.S/State. None present for respondents No.1 , 2 and 4, not noticed. (SB: Hon'bie Mr. T.P. Sharma, J. incR i.iL/ii—a"%. ' (28-9-2011) 1, By thls writ petition under Articie 227 of ths Constitution of india ths peijtioner has chaiienged' the legaiity & propriety of the order dated 23.7.2011 passed by the 4th Ciyii Judge Ciass-ii, Raigarh, in Civil Suit hio~.21A/08, whersby amendment appiication fiied by the pfetitioner reiating to subsequent event i.e. siienation of ihe property by respGRdent No.1 has been dismissed. •'t '^ -^ ^ 3. i havs heard ieamed counsei for the petitioner and perused the order impugned. By the aforssaid amendment, the petltioner has not ciaimed cancellation of document; thererore, there would not be question of valuation. As per alieged proposed amendment, responciert No.1 has ailenated the property to respondent No.4, thersfore, aforesaid amendment would be necessary in the iight of subsequsnt event and by not aliowing the amendment application, the Court beiow has commitSed iiiegaSity. 4. Considering ths nature of order, issuance of notices and observance of procedurai iaw wouid be futile exercise. 5. Consequentiy, the writ petition is allowed and order Impugned is hereby set aside. Amendment appiication fiied on behatf of ihe petitioner is ailowed. The petltioner shail amend his pieadsng within 15 days from today before ths Court beiow. No order as to costs. 6. I.A.No.01 siands disposed of. Sd/- T.P.Sharma Judge ••^