^,•^3 ^x" ,^^^ 0 /' ^ \''>- ^'\'%.. "^^: ..^^^ i? ^^te^^"" ^ ^y ^v /f>./ \»^ INN HIGH COURT OF CHHATTISGARH : BILASPUR P^TmOMERS RESPONDENTS WRJT PETmON N0, 818 OF 2004 1 Shyam Kumar, S/o Banmali^ aged about 45 years, 2,. Balak Ram, S./o Banmali, about 43 yeass. Both resident of village Kaw^!!, Tehsil Dabhra, Distt. Janjgir-Charnpa (CG). Verstis 1. The State of Chhattisgarh, through the Secretary, Revenue Department, D.K.S. Bullding.Raipur (CG). 2. Collector, Janjgir-Champa (CG). 3. Sub Divisional Offioer (R), Dabhra, Distt. Janjgir-Champa (CG). 4. Naib Tehsildar, Dabhra, Distt. Janjgir- Champa (CG). 5. Mohar Singh. S/o Tej La! Gadla, resident of Kavvajj, Revenue DJvisi'on, Chandrapur, Tehsil Dabhra, Distt. JanjgJr-Charnpa (CG). (^A/rit petjtion under Article 226/227 ofthe Constltution of Jndla) Single Bench " Hon'ble Shri Satish K, Agnihotrl, J, Present: Shri Sunll Sahu, oounse! for the petitioners, Shri Rajendra Agrawal, Panei Lawyer for the State. Despite service, none appears on behalf of respondent No.5. ORAL ORDER (Passed on this 21 day of October, 2008) With the consent of learned counsel appearing for the parties, the petition is heard finally. 2) The case of the petitioners js that they are in possesslon of the tends» which were in possession of thelr predecessors. The possession of the lands in questlon has been unjnterrypted and contjnuous. The petitloners claim Bhoomiswami rights over the lancis, whjch have been granted by the competent authority to their predecessors prior to 1950. "2—' L 3) leamed counsel for the petitioners submits that the facts and qtiestion of law involved in this petition as well as the relief sought are sjmilar to that of in W.P.No.341 of 2002 (Fatte Singh and others vs. The State of Chhattisgarh 8s others), which was disposed of by this Court vide order dated 22 February, 2007, in th©following t©rms: "In the result, this petition is disposed of with the direction that the competent authority shall consider the case of the petitioners for grant of Bhoomiswami right, in aooordance with law after affording proper opportunity of hearing to the ooncerned parties, within a period of three months from the date of receipt of a copy of this order." 4) Learned counse! appearing for State does not dlspute the above fact 5) In view of the above, thjs petition stands disposed of in terms of the order dated 22-2-2007 passed by this Court in the matter of Fatte Slngh (supra) No order asto costs. S) Consequently, M.(W.).P.No.1663/2004 stands disposed of. uown Sd/- Satish K. Agnihotri Judge ^-