HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petitién §Art. 227) No.6095 of 2009 PETITIONERI: N (AppHcant) Caste Gond, R/o Madhubanpara,’Raigarh, / (Non—appiicants) Patel. 2‘K ‘P 3.B arhariraj Singh S/o Munindraraj Singh, Tahsil and District Raigarh (C.G.) Versus emkumari, D/o Bhognath Wlo Laxman RESPONDENTSI: 1. H aushilya Dio Bhogna’th W/o Shatrughan ateL hupatraj Singh Slo Munindranath Singh Caste Gond. All are R/o Village Regda, Tahsil and District Raigarh (C.G.) 4.Yashwantraj Singh Slo Munindraraj Sing, h Caste Gond, Rlo Village Tarapur, Tahsil and District Raigarh (C.G.) 5. Chandraméni Singh Slo Prithviraj Singh, Caste Gond, R/o Village Nawapara (Khubchand) Tahsil Kharsiya, District Raigarh (C.G.) 6. (Minor) Sandeep Slo Joseph Khalkho, through his Natural Guardian Father Joseph Khalkho S/o Johan Khalkho, Caste Uraon, Rlo Village Dhimrapur/Jagatpur, Raigarh City Tahsil and District Raigarh (C.G.) 7.3tate of Chhattisgarh through Collector‘ Raigarh, District Raigarh (CG) {Writ petition under Article 227 of the Constitution of lndia} Present: . Mr. Sunil Sahu, counsél for the petitioner. Mr. Manoj Jaiswal, counsel for respondents No.1 & 2. Mr. Vinod Kumar Tekam, Panel Lawyer for the State/respondent No.7. 27 of the Constitution of lndia, the petitioner . By this writ petition under Article 2 Single Bench: Hon’ble Mr. T.P. Sharma, J ORAL ORDER (1 5-7-20:1 ’l ) has challenged legality & propriety of the order dated 9-1 -2009 passed by the Board of Revenue, Bilaspur in Revision Case No.RNI13/R-A-6/1022/2006, affirming the order dated 26-6-2006 passed by the Collector, Raigarh in @ Revision Case No.54/A—6/2005-2006, reversing the order dated 18-8-2005 passed by the Naib Tahsildar, Raigarh in Revenue Case No.50/A-6/2003—2004, whereby Iearned Collector and the Board of Revenue have reversed the order passed by the Naib Tahsildar relating to setting aside the ex parte proceeding on the ground of delay of 21 days. . i have heard Iearned counsel for the parties, perused the orders impugned and other documents. . Proceeding under Section 170B of the Chhattisgarh Land Revenue Code, 1959 (for short ‘the Code’) was pending before the Naib Tahsildar for mutation and the Naib Tahsildar has proceeded ex parte against the petitioner, thereafter his application for setting aside the ex parte proceeding under Section 35 (3) of the Code was allowed and delay of 21 days has been condoned, same was challenged before the Collector and the Coilector has reversed the order on the ground that the application for setting aside the ex parte proceeding has been filed after lapse of 21 days. Orders of the revenue authorities reveal that the Naib Tahsildar has not decided the case ex parte in accordance with sub-section (2) of Section 35 of the Code, but has proceeded ex parte and the case is still pending before it in which the petitioner has filed application for setting aside the ex parte proceeding. Considering the aforesaid circumstances, without any further comment, the petition is allowed. The orders impugned passed by the Board of Revenue & the Collector are hereby quashed and the order passed by the Naib Tahsildar is restored. No order as to costs. SGI’ TL? Sharma Sudge . /