q§\ HIGH COURT OF CHHATTISGARH AT BILASPUR wRlT PETITION (Art. 227) N0. 145/2011 PETI’HONERLAPPLICANT Sundaribai aged 80 yeals, Hushand Late Esarmal R/ o Chakarbhata, Tahsil Bilha District Bilaspur C.G. VERSUS RESPONDENTSI 1. Ravi Shn‘was, aged 26 years, S/o NON-APPLICANTS Shri C.L. Shriwas, R/o Jabdapaxa, Bilaspur Tahsil 85 District Bilaspur C.G. 2. Shyam Bai alias Baula W/o late \‘i Shri Jhanik R/o V1'1lags Bodri Tahsil Bilha District Bilaspur C.G.~ Santa Satuami S/o Shri Paxsumm Samami R/o Nayapara Bodri, Tahsil Bilha, District ¥ Bilaspur C,G. 4. Chjnmay Builders Pvt. Ltd. 819, Pushpak Apartment, Chhotapara Raipur through Manag'ng Director Shn' Prakash Dawada, S/o Shri Magan Lal Dawada, R/o Gitanjali Nagar, Raipur Tahsil 85 District Raipur C.G. WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA. (SB :Hon’ble Mr. T.P.sharma, J.) Present:- Shri Vijay Kumar Mishra, Advocate for the petitioner. None for the respondents No. 1, 3 85 4, although served. None for the respondent No. 2. ORAL- ORDER (Passed on 23/08I201 1) 1. Heald. 2. Notice relating to respondent No. 2 has been published in Daily News Paper which has taken on record. LA. No. 4 stands disposed of. 3. By this petition under Article 227 of the Constitution of India petin‘oner has challenged the legality and propriety of the order dated 18/6/2010 passed by Boaxd of Revenue Chhattisgarh, Bilaspur in Revenue Revision No. R.N./O2/R—A—6/233/2009 ? whereby While reversing the order dated 2/7/2009 passed by Commissioner Bilaspur Division, Bilaspur in Appeal Case No. 549/A-6/2008—09, Board of Revenue Chhatu'sgarh, Bilaspur has quashed the order dated 2/7/2009 8r, also quashed the appeal proceeding pending before the Commissioner Bilaspur Division, Bilaspur. Shri Vijay Kumar Mishia, Advocate for the petitioner is heard. Order impugned, order dated 2/7/ 2009 passed by Commissioner Bilaspur Division, Bilaspur and copy of petition of revision iiled before the Board of Revenue Chhattisgarh, Bilaspur for quashment § of the order dated 2/ 7/ 2009 passed by Commissioner Bilaspur Division, Bilaspur in appeal perused. Order dated 2/ 7/ 2009 passed by Commissioner, Bilaspur Division, Bilaspur in appeal case reveals that Commissioner, Bilaspur Division, Bilaspur has passed exparte stay order before summoning the respondent No. 1 which was instead of challenging such order by respondent No. 1 before the Commissioner, Bilaspur Division, Bilaspm‘ under Section 35(3) of the C.G. Land Revenue Code, 1959 (in short ‘the Code’) challenged before the Board of Revenue Chhattisgarh. Order was interim in nature but instead of passing any order relating to such interim order dated 2/ 7/ 2009 Board of Revenue Chhattisgarh, Bilaspur has quashed the appeal proceedinglpending before the Commissioner Bilaspur Division, Bilaspur along with such interim order without any such prayer. By passing such order, Board of Revenue Chhattisgarh, Bilaspur committed patent illegality which is not sustainable under the law. Consequently, peh'tion is allowed. Order dated 18/ 6/ 2O 10 passed by Board of Revenue Chhattisgarh, Bilaspur in Revenue Revision No. R.N ./ 02/ R—A-6/ 233/ 2009 is hereby quashed. Although, ,j ‘g respondent No. 1 is at liberty to me appropriate petition for setting‘ aside such' exparte stay passed by Commissioner Bilaspur Division, Bilaspur in appeal case No. 549/A~6/08—09. Parties are dimcted to mmain present before the Commissioner Bilaspur Division, Bilaspur on 20/9/2011 for further hearing of the appeal. No order as to costs. CeMed copy as Per rules. Sci/- T, P. Sharma Judge ”‘V g» wM \