••• "3 IN THE HIGH COURT OF JUDICATURE AT BILASPUR Writ Petition No. ?:3S~.Z7 of 2001 BHAJANLAL AGRAWAL, son of Late Rammanorath Lal Agrawal, resident of New Shantinagar, Raipur PETITIONER ^, c''-''':::^"'£^^y"' r'.'?%'".,;.-^l^'e1"-"' VERSUS /' 4^TATE OF CHHATTISGARH, through the Collector Raipur. 2. THECOLLECTOR District Raipur (CG) 3. SHRI A.K. VERMA, Special Land Record, officer, Collectorate Raipur. 4. THE REVENUE INSPECTOR, Land Diversion Pandri Area, P.C. N0 Raipur. WRIT PETITION UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA FOR THE ISSUANCE OF WRITS IN THE NATURE OF PRHOIBITION MANDAMUS ETC. AND/ OR FOR ORDER<s) AND/ OR FOR THE DIRECTIONS IN THE NATUREOF THEWRITS.. _^"_ RESPONDENTS 31" i"i::isttli:i !«WS-K! XI-HC-22 '3^--<iT<fiyi<t,|;BKit'<-i'<is; SIT^T T^l^ . ..LO.P.Ws-as-s^ *<1<R'1T ShKI'0 SD^fqiI h-u* sf^i ^*tP=h •y[so sn^iwiTwgfer 08.12.2001 Shri B.P.Sharma, learnedcouns^l for the petitioner. Shri Ranveer Singh, learned respondent / Stute. Shri R.S.Jaiswal, leamed couhsel for the Intervenor who is stated to be the owner of theproper-|y. Smt.Sharmih Singhai, learned who also claims to be an owner of parf of the land. Heard. I am not going to touch all th4se points placed before me. The only point that has been raised befo^ me by Shri R.S.Jaiswal is that impugned order dated 21.09.2000 ^i^i<vi'iftTi ^w^ ^ fs"<^ <r»i-(^i< ^i 3lf;tftT 3D^I . Sovernment Advocate for the counse! for onother Intervenor was issued by the Officer on Special Duty, Lond Diversion. The ^ipellate Authority in the present case is Sub bivisional Officer in tdrms of section 44 of M.P. Land Revenue Code. 1959. Though, the position of law in B.P. Sharma submits that in fact this regard is not disputed,-Shri review was carried out by the Officer on Special Duty behind the |>ack of the wdtpetitioner and at the instance of S.D.t^ ICherefore, i^i such a case where S.&.O. shouid be said to have already made up his pind on merit, there is hardly cny i hope for the petitioner to get remedy before the Appellate Authority. In my view, once an appei^l is filed, the iearned S.&.0. must examine the case on merit and notj on ony other consideration that f^ r-A^^ sfn^i^T ft^sii^r 'sOTWHft^ afl^r s^Twgitf !^Tqt<TSqv'T "Rn^rf ^? 'fST^' ^TSIRm 311^1 too, cfter allowing parties c^lequate opportunities of being heard. According to Shri B.P. Sharma in fact the impugned order was issued mainly bosed on certain newspap^r report, which is highly iliegal. The intervenors pray that the^ be also altowed to appear before the -^ iearned S.&.O. to place their ow^i respective cases. It is open to them to appsar before the Appellate action on request made in this review is not at conferred [Authorit/ who should take appropriate re^ard. It is contended that V upon the O.S.O. who had passed th; impugned order. This submissis^n is controverted on behalf of the 51 ©overnmentin terms of secticjn 51 su.b section TTT. Whether or not •there was illegal exercise of po^ver by the O.S.D. should be exnmined by the Appellate Authority. In -fdpt all points raised before this Court can be raised before the Appeilate ^ul+iority. In the result, this petitipn is disposed of with direction that the petitioner shall appeal before t|ie learned S.b.O. within ten days fromto day. On receipt of such opp^al, the learned S.&.O. shall proceed to decide the case on jnerit expedifiously. belay, if ony, is condoned. Shri B.P.Sharma, learned counsfel for the petitioner makes a prayer tha-y certain interim order may b^ allowed. This aspect should also be examined by the Appelldte AUthority. However, until the Appeilate Authority considers cmd pos^s appropriate interim orders, iet the parties maintain status quo, c^ it sxists today. In this view of the matter, let the operation of| the impu9ned order dated 21.09.2001 <PRJ—FS'3i i—1/200i-50.0( -4 Httil^iLdVi.^.j.. •BBB XI-HC-22 311^1 ^il an^l a?qra"Hft?( 's^sj ^ii^i^^ aTi1<H<is, fB«-)wy -:^ ani^i ^gRK ^rfttT be kept in abeyance, as it existed Appellats Authority passes appropria The petition is accordin9iy disp<)sed of. CM<ii<n<fl;T ^i^cii* ^ fe^l T^T^K ^sri^msTi^r on 09.11.2001, until the !earned •e orders in this regosrd. Sd/- ChiefJustice _J-_.- <Si fft...: •