CF WW @ m THE HIGH COURT OF JUDICATURE OF CHHA’I‘TISGARH AT BILASPUR W.P. 227 N07FEH §i/201-0 PETITIONERS :— ReVt3tW/W’mwL / l. Sujan ingh S/ O Ram Bagas Singh Aged about 57 years. Caset :i— Gond, R/o Vi11age Batari, Dipika, Tahsil :z— Katghora, District — Korba (C.G.) Babu Singh S/o Sukhlal Singh, Aged about 27 years R/o Village Batari, Dipika, Tahsil :- Katghora, District — Korba (C.G.) — :VERSUS: — RESPODENTS:— Wt!“ // Sindhu Education foundation R/o Village Batari, Dipika, Tahsil :— Katghora, District — Korba (C.G.) Through :— Power of Attorney Holder Shubhram, S/ o Deepchand, Aged about 62 years R/o :— Urja Nagar, Dipika , District :— Korba (C.G.) _WRIT UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA t 1 . PARTICULARS OF THE PETITIdNERz— As? n‘ientioned above in the cause title. ,&F'4?—% ,h nwmi 'M?§h ndabte-x _; tign-‘foundatin‘, omm (15 12 2010) petitioners have cailed In question the Eorder passed by the Board ewsuon Case No R N I10/B-121/1ass/2o10 dated 06/12/2o1o f ,‘—¢i !,a ‘ f x I ' anhr I ’réé > m " V ‘ e ;R a ‘V ff Ebefore the Sub Divisional Ofiice'r was wrongi preferred agans repor of the INayab Tahsildar which is not an order i ms e 'deiinition Jof oer rsgaarh Land evenue Code, 1'959. under the relevant provrsron of the Chhatt R i y it t n ter of th rd i b the petitioners before Board of Revenue an the oard of Revenue ha I i ‘ YThIs l Appeliate order of Additional Collector Korba was challenged y d B s dismissed the revrsron petition preferred 3y te petitioner. h s pl : (4) Learned counsel for the petitiorEiers would submit that his apea ‘ efor the Sub Divisional Offcer (Revenue) was maintainable an Additional Collector as well as Board of Revenue should not have passed the i impuned order as the report of Nayab Tahsildar has material bearing on h ent . i ire issue (5 Per contra learned counsel for the respondent would submit that te ) h ‘ report of Nayab TahSildar shall ultimately be examined by the Collectorlwi ’ i ' deciding the complaint and the said report by no stretch of imagination ca be treated as an order amenable to the appellate Jurisdiction of the DiViSional Officer They would submit that the petitioners are unnecessaril and frivolously «fling revenue proceedings Without participating In the proceedings before the Collector where the complaint is pending for enquir 61) On perusal of the report of the Nayab Tahsildar filed as Annexure R/5 t would appear that the said Nayab Tahsildar has submitted a irepor r t r e Authority before whom the complaint was tiled i.e. the Collector. Korba is yet to examine the report and take action thereon to decide the complaint lodge :j/jj/by the vtllagers therefore it appears that the learned Additional Collector an \ d of Revenue has not cmmitted any error in holding that the Sub a l < ‘ l egarding the validity of the saletransaction in favour of the respondent. Th . t , i wk be d the : g te hle n Sub y y ( d : LL d Boar o I. ainst the repOIt submutted by the Nayab Tahslld At thus stage Shn Hemant Gupta learned counsel or e peone ould submlt that the last line of the report mak s a categorica expres _ J H ld to be reected e wou b rt that thrs observatron would uttrmately be sed agams te perroner Court rs not Impressed by the submrssron ade by the teame coun or th petltloners because the Nayab Tahslld n ursuance to the memo Issue b structro of the Collector Korba on the complamt made by the petitione m rs thce ke f the r li Collector o i has be ttd bfe, , :' en submle eor t k b the a l he Collector Korba the decrsron on the com :arnt would be taen y e observatron made by the ayab Tahsrldar rs alway h rsted arties beor _ ; v cases “th c h Clltr omplamt made by the petltloners after Issua e of notlce by te oeco hs ls oun tha the sald observatlon ls not gomg to preludlce or assi he cas ’f either arty as the Collector ls yet to cons1der the merits of th h f e petlttonergw‘ould-be at llberty to challenge the correctness o [ d by submission and objection mae e ncourse of enqurry o l o; thlthis obsewation; thelnstan‘t wrtt‘petition standsdisposed f Sd/- h Prashant Kumar Misr‘a ’ ag ar (7) ' f th tmrs w g l sion su t h tts Thrs d sel ‘ : f : ar g I p d yt § h s _ f _ te Intee p fei ‘ Tu lt fd t st t e f p e V t'-