i s HIGH COURT OF CHHATTISGARH AT BILASPUR D.B.: HON'BLEMr.JUSTICEaUNILKUMARSINHA& r HON'BLE Mr. JUSTICE RADHESHYAM SHA^MA WRIT PETITION (PIU N0.3885/2011 PETITIONER RgSPONDENTS 1 8 10 Ramashankar Gupta, son of Late Shri Hajarilal Gupta, aged about 60 years, President- Chhatti^arh i Citizens inltiative (Registered), Gandhl Chowk, Manendragarh, Dtetric^ 1 Korea(C,G.)^ Ve^us i State of Chhattisgarh, Through the Secretary, Depactoient of Revenue, D.K.S, Bhawan, Raipur(C.G.) , Chhattisgarh Revenue Board, Bilaspur(C.G.) The CoHector, Distrtet ^?rea (C.G.) ._';,,'-'^'/;:;':/':lls-1 The Additional Cone^or, Tahsil MaflendFagai-h^ Distoct Korea(C.G.) Firan Sai, Superintendent of Land Record, Beejapur, Distrtet Beejapur (C.G^ s Sub Divisional Qfficer, l^an^idragarft, Distnet K@rea <C.G^ ~ Tahsijdar, Manendr^arh, DistrtetKorea (C.G.) Ganesh Ram Sahu, Revenue Inspector Jn the offiee of Sub DMsional QfBGer. Mandendragarh, Distnct Koroa ~(aGj..::':T^:';''r:' Lalman Stngh Netam, Patwari, 'm the office of Xahsildar, Khadgawana, Dlstrict Korea (C.G.) f Pramod Kumar Agarvyal, Resident of 13r'aniod Medi6os, Central Hospital R&act, Manendragarh, District Korea (C.G.) ~ WRIT PETITION (P»UN0.3865/2011 WRIT PETITION UNDER ARTICE 228/227 OF THE CONStrrUTIONOFINDlA Appearance: Mr.R.K. Jaiswal, Counsel forthe petitioner. Mr. Kishore Bhaduri,Additional Advocate General for the State/respondents 1,2,4, 6, & 7 on advancecopy.^ —ORALORDiR";:::::.'^1".:'':: (20.07^011) The following order of the Court was passed by Sunil Kumar Sinha. J. Heard on admission. Petitioner- Ramashanl^r Gi^ta has fited this petttion styled as "Pubic Interest Lltigation" challenging the prder dated 13.10.2009 passed by Chhattisgarh Revenue Board, Bilaspur, by which, a Revision Petition filed by respondent No.10 has been allowed by the Bqard and ie N/o eartier orders pa|sed in Revenue Revisions by the Addittonal Collector, Manendragarh and the Commissioner, Sarguja Division; Ambikapur have been set-aside. It appears that Patta of an area of 32 x 95 =3040 sq. ft. w^ granted in-favour of respondert No.10 by the Superintendent, Land Records. The above action was tal<en up 'tnsuomotto revision and the order relating to granitwas set aside, which orderwas upheld by the Commissioner. Mr, Kishore Bhaduri, learned Additional AdypCiate General for the State, submits that respondent No.10 has already filed Civil Suit No.19-A/2008 which is pending in the Court of Civil Judge CIass-tl, Manendragarh. He submits that in the said Civil Suit, an order of temporary injunction has been granted by the trial Court on 08.08.2008 and th@ said order has been confjrmed in Miscellaneous Ciyjt Appeal No.04/2008. His submission Is that the matter would requlre evidence and a complete enquiry relating to jurisctiction of respondent No.05 is pending before the Civjl Court, therefore, II WRIT PETITION (PILl N0.386S/2@11 in view of the judgment of the Supreme Court rendered in the matter of Santosh Sood vs.Galendra Sincrfi and (^hers. f2009) 7 S.C.C.314, this PIL should not be entertained. We have considered the objectton raised by Mr. Bhaduri. It is not disputed by Mr. R.K. Jaiswat, learned counsel for the petjtioner, that the Civil Suit fited by responctent No.IO is pending before the concemed Civil Court andthe evidenoe of the parties are to be led. Apart from deciding the jurisdictipnal error in grant of Paffs, many (Aher questions of facts are to be decided in the Civil Suit, which would eertajnly require evidence of parties. The main contest in the matter is in between respondent No<10 and the Govemment and the Government 1s a party in the Cjvil Suit. In view of all this, particularly in view of the pendCTpy of the Civil Suit, in which, question oftitle is inherent, we do not deem it appropriate to entertain thls Publte Interest Litigition filed bya resident ofthe area concemed. For the foregoing reasons, we decline to entertain this Publte Interest Litigation and the same is dismfssed at the motion stage itself. The security deposit of Rs.SOOW- shall be refuncted to the counsel for the petitioner. shyna Sd/- Sunil Kumar Sinha Judge Sd/- R.S.Sharma Judge