HiGH COURT (y CHHATTBGARH AT BsLASPUR Writ Petition (C) No.3028 of 2810 Petifioner Asgari Begum W/o Late Fajiur Rahmsn, Aged abeuf 51 years, R/o Near Masan Ganj Masjid, -Biiaspur, Tahsil & District Bilaspur (C.G.) Versus Respondents 1. 2. Rajiya Begum D/'o A&dui Rahmari R/o Pali Road, Shahdo!, Tahsi! a Distrtei Shahdot (Madhya Prades'n) Ths Additionai Coilector, Raipur, District Raipur (C.G.) 3. The President of Revenue Court, Bslaspur, District Bilaspur (C.G.) , ; (W'rit Refition under Artfoie 227 ofthe Cpnstitutton of india) Mv.Vwsk Rathore, counsei for the petitioner. Mr.Jjtendra Nath Nande, counsei for respondent No.1. Ms Sangeeta Mishra, Panei Lawyer for respondent No.2/State. (SB: Hon'bSe Mr. T.P. Sharma, J.) ORDER (8-2-2012) 1. By this •ATit petition under Artteie 227 ©fthe Constitution of india the peiitioner has chaiienged iegaiity and propriety of the order dated 23.11.2009 passed by ths Board of Revenue, B'ilaspur, Circuit Court, Raipur, in Revenue Revision Case NO.R.N.14/R-A-70/130/W, whereby the Board of Revenue has restored the order dated 1 1.3.2008 passed by the Addifional CoiSector, Ralpur and reversed the order dated 31.3.2009 passed bythe Commissioner, Raipur Diviston, Raipur. 2. i have heard iearned counse! for ths parties, perused the impugned orders and other documents fiied on behaif of She petiUoner. As per order passed by the Nazui Officer, Nazul Officer has procseded ex-parte against respondent No.1 and passed.the order, which was modified by the Additlonai Coiiector and affirmed by She Board of Revenue. Whiie affirming the order passed by the Additionaf Coilector, ^ -^- Raipur, the Board of Revenue has not permittsd the parties to adduce evidence and has not prowded opportunity of hearing to the parttes. Preseni respondent No.1 was under obligation to fiie apprepriate application for setting aside ex-parte order passed by ths Nazul Offteer, but instead of appiying such respondent No.1 has fiied appsai and thereafter both the parties have tried to fite some documents, which has been considered without providing opportunity of addueing evidence and thereby the Board of Revenue has committed iiiegaiity. Consequenfly, the writ petition is ailowed. Al! the ordsrs passed by the revenue authorities are hereby quashed. Case is remitted to ths Court of Nazu! Offteer, Raipur for providing opportunity of hearing to the parties and for passing the order afresh. Psrties shall remain present before the Nazul Officsr, Raipuron 28.3.2812. No order as to costs. Sd/- T.P. Sharma Judge