f IN THE HIGH COURT OF JUbICATURE AT BILASPUR WRIT PETITIONSlTNO.^^^ OF 2010 PETITIONER (befendant No.l) ...- ^<^·''^Y A<€^/ ^^^•^ ^sy ^ ^^ -^^' .0" ,^'^^ Vs ^- RESPONbENT ^^..: Herald Kirtikumar Jacob, son of Shri J.B. Jacod, aged about 57 years, presently residing at Naraiantalla East, Flat No.B-3, B-4, Kalpana Apartment, Post Ashwini Nagar, Kolkata-59 (West Bengal) Smt. Indubala Tirkey, daughter of Shri Vipendra Hemant Kumar Tirkey, aged about 52 years, resident of Byron Bazar, Raipur, Oistrict Raipur (CG) PETITION UNDER ARTICLE ZS^/227 OF THE CONSTITUTION OF INDIA Kfe ^ AT (2.27) QF 2010 $1 Herald Kirti KumarJacob Versus Smt. indubaia Tirkey ARTiCLE.227 OF THE QF (Slnale Bench: Hon'bie Mr. N.K. Aaarwal.Al Shri Kshitlj Sharma.counsei for the petitloner. Shri Anumeh Shrivastava, counse! for the respondent. ORAL .(Passed on 31st.day of IVSarch, 2011) 'With the consent ofthe partles, the matter.is heard finaiiy.. .2. ' instant petltlonfjied underArtJde227 ofthe ConstitutJOR of India theorderdatsd 06-07-2010 passed by Board of Revenue, Bllaspur (Clrcuit Court at Raipur) in Revenue Appeai No.335/A-20(3)/2002-03 whereby the Board of Revenue declined to interfere In the order passed by the Coilector, Ralpur on the petltioner's spplication for mutatlon over the Nazu! land pfot No. 20/1, 2185 sq.ft., on the ground petitjoner to prove he js representative of Sarnuel Ciaton Jacob. 3. Learned counsej for the petltioner submits: As per judgment of this Court In F.A.No.111/2003 23-11-2009, petltioner is representatlve of Samue! Ciaton Jacob pursuant to WI!i executed by him in hls favour. 4. In view of the above, since the rnatter has been decided by thls Court and aiso affirmed by Hon'ble the Supreme Court as by iearned counsei for both the parties, the orders by of Revenue as we!l as. Mazui Offlcer belng not ,,:-^f'^-:,,"^ ^.^a^; ^^ l^^s£^ Kvr sustainabie, dsserves to be and is hereby set aside. The matter is remitted back to the /Nazul Offlcer for decjding the petjtloner's appilcatlon for mutation treatjng him iegai representative ofthe deceased. 5. Petitjon stands aljowed. Sd/- N.K. Agarwal Judge