QM“ w w“ 5b/ IN THE HIGH COURT OF CHI-IA’I'TLESGARH A” BILASPUR Writ petition No._;_\_éqo of .2002. ggTl‘l‘IONER : Yogesh Kumar Shanna! aged about 72 years, s/o Shri K.P.Sharma, ‘1 resident of D—3, Vidya Up-Nagar, BilaSpur, Distt. BilaSpur (C.G.). ERSUS. ’ §E§P0NDENTS (l) President ilaSpur zila r ,mAVk5ahaKarl Sangn Maryadlt BilaSpur; WW oint Registrar, Zil Sahakari J a Eiangh, BilaSpur, Distt. Bilaspur (C.G.). Additional Conmissioner, BilaSpur " DiVision, BilaSpur, Distt¢BilaSpur ; (c.G.¢ ”6(4) State of Chhattisgarh Through : Collector, BilaSpur (CG) (5) The Tan‘sildar, BilaSpur, Dist. (C.G.)° BilaSpur (C.G.). IRIT gggITIoN UNDER ARTICLE 22‘73§27 OF THE 533N5TITUTI0N QE: HQDIA FOR ISSUANCE OF WRIT m THE NATURE OF DIRECTION, ELLEWDAL‘IKUE. . . .etc. lo PARTICULARS OF PETITIONER : As mentioned above in cause title. 2 . PART ECULARS OF RESPONDENT$ : AS mentioned above in cause title“ ....contd.... _) t M % XI-HC 78 21W???“ @smé’: mi 20G 5L el for the petitioner. Shri MD. Sharma iearned cou sel for respondent No.1. Shri Satish Gupta, iearned Dy G.A., for the State/respondents 2, 3, 4 and 5. Heard. The petitioner has fiied this p tition for issuance of a direction to respondent No.1 for payment of Rs. 7,689/- as the amount of gratuity with interest at the rate of 24% per a num within stipulated period. He has also prayed for quashing of the rder dated 24/08/2002 (Annexure- P/1) passed by respondent No.3. that the Controlling Authority, Payment of Gratuity Act, BilaSpu has passed an order dated m Case No.13/PGA/94 by which a d as the amount of gratuity to the A Revenue Recovery Certificate of the aforesaid amount w s also issued and the matter was processed through the Court of Tahsildar. Bilaspur. lt is submitted that an objection was taken before the 'lgahsildar by respondent No.1 and the Tahsildar overruled the aforesal WW, W“ g, WW .M gram... Shri V.K. Pandey iearned coun The case of the petitioner 07/08/1996 (Annexure-P/2) in Clai sum of Rs.77,689/- has been award petitioner along with some conseque tiai order. objection. Against the aforesaid order passed by the Tahsildar, res ondent No.1 preferred an appeal before the Sub Divisional Oft'cer Bilaspur vide Appeal No 148 A- 76/2001 The appeal was also dismissed by the Sub DIViswnal Officer After dismissal of the aforesaid appeal respondent No'l t'led second \ ants: was (We) art's WW am WittW was: tifaa arm‘s? Wat?W it tire“W a at‘fa‘n etiéti l 01 l02l2005: - xKO L XI—HC 78 WW, @ti Q1.€;, :EK'HQg? .w§%?m.. RéhDm égci aim W (Ema) Wwvmm " g‘— gaf « anaEaia $§ ‘ Iagz appea! before the Commissioner Vi No.A-76/634 of 2001-200. In the said appeal, the Commission ssed an order of say on 2/08002. A copy of this order has een med as nexure-1. Learned counse appearing fo ,the petitioner submits tht in Iieu of the aforesaid order of sa grted by the ommissioner, the Revenue Recovery Certificate ise throug the Tahsiidar in pursuance of the aforesaid order pas d by the Controlling Authority for realization of the ount of gratuity mely Rs.77,689/- has been kept in abeyance. ' Lened counsel appearing respondent No.1 submi that against the order passed by the Cotrolling Authority a civil suit was tiled in the Civil Court, Bilaspur. ther submits that as the uit was dismissed against which an appeal been preferred before th High Court of Madhya Prades a Jabalp . On being asked by this Court, learned counsel appearing for respo nt No.1 submits that no orde of stay etc has been passed in the a esaid appe. Hence, the order pasd b he Controlling Authot i ill in force. During the course of argum , learned counsel appearing for the petitioner submits that a directio may be issued to the concerned 2 Revenue Court now the Revenue Bo rd where the aforesaid appeal of respondent No.1 ‘is pending that the appeal should be decided within stipulated period so that in case the a peal is dismissed. the effect and i E operation of the Revenue Recovery Fertiticate shall be regaiW . .“t.mm.*uww K/ / da 2 er pa t 4/2 b AnP/ l r a ty an C sud h s e am nia l ar f r ts n Hef r s h s e h t u n e r f r al se y t riy s t e t n a ‘T‘ x XI-HC—78 gamma, mhm,W 3949 WWm W? XL< m 290; . Wm(@§a§a) Wm SW1 -$“ aim? an fem? an Wig? m éwifmm the amount in question shall be Learned counsel for respondent Nc. limited prayer made by the learned cw in the facts and circumstances revenue appeal filed before the Com said to be pending before the Boardl of Revenue shall be disposed of L date of production of the certified d Court. Within a period of two months from thi copy of this order before the concernei of. :opy of this order. Parties are entitled for certified i.\ With the aforesaid directions, the petition stands finally disposed Sdl— udge umt Kumar smh realized from respondent No.1. 1 has no objection to the said Jnsel for the petitioner. of the case, it is directed that the missmner Bilaspur and presently