SiNSLE BE! THE HIGH COURT OF CHHATTISGARH AT BILASPUR. WRIT PETITION (227) N0. SS/^ QF 2009 ^ PETITIONERS Plaintiffs ..<v< .•-' <^- 'y .^ \.^x^ A6^fe>fo^ ^y' y^^y \^ RESPONDENTS Defendants / Smt. Kamla Devi daughter of late Sitaram, aged about 55 years, R/o Village Suar Para Sitapur, Tahsil Sitapur, District Surguja (C.G.) Smt. Nirmala Devi daughter of late Sitaram Gupta, aged about 47 years, R/o Nagar Panchayat Ramanujganj, Occupation Family Business, R/o Nagar Ramanujgarj, Ward No. 2, Tahsil Pal, district Surguja (C.G.) VERSUS Biharilal Gupt @ Jwala Prasad Gupt, son of late Sitaram Gupt, aged about 58 years, Banshidhar Gupt son of Sitaram Gupt, aged about 50 years, Ramesh Kumar Gupt son of late Sitara, Gupt, aged about 41 years, Respondent No. 1 to 3 are Resident of Ramanujganj, Tahsil Pal, District Surguja (C.G.) T / 4. Sub-Divisional Officer, Public Work Department (Building and Road)/ Ramanujganj, Tahsil Pal, District Surguja (C.G.) (Formal Party) Non-applicant no. 4 ^ 5. State of Chhattisgarh, Through: the Collector, District Surguja Ambikapur (C.G.) (Formal Party) Non-applicant no.5 WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA HjGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION (227) N0.3815 OF 2009 E'iUTIONERS Smt. Kamla Devi & Another Versus RE6PC)NDENTS Biharilal Gupt @ Jwala F:>rasad Gupt & Others (Writ Petition under Article 227 of the Constitution of India) Singte Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shri Rakesh Pandey, Advocate for the petitioners. Shri Manoj Paranjpe, Advocate for the respondent No.1 to 3. Shri A.S. Kachhwaha, Deputy Advocate General for the State. ORDER(ORAL) (Passed on this 13th day of September, 2010) 1. Neard learned counsel for the parties. 2 Learned counsel appearing for the petitioners submits that Civil Suit No.5-A/2007 (Smt. Kamla Devi & Another Vs. Shri Bihari Lal Gupt @ Jwala Prasad Gupt & Others) pending before the Court of Fjrst Additional District Judge (Fast Track Court), Ramanujganj District - Surguja, has been stayed on the ground that writ petitipn, being W.P.(C) No. 6429 of 2007, is pending consideration before this Court. 3. VV.P. (C) No. 6429 of 2007 arises from the order dated 29/03/2006 passed by the Additional Collector, Surguja whereby disbursement of cornpensation awarded by the Land Acquisition Officer, has been stayed. The petitioner has filed the suit claiming declaration and permanent injunction in respect of Khasra Nos. 181, 890, 1544, 891, 2166 & 880 situated at Mahabirganj and in respect of Khasra Nos, 2/13 situated at village-Lutgi. 1^)J ^1'' / ^" i&, l\ ^' Ci. The Supreme Court in National Institute of Mental Health & Neuro Sciences v. C. Parameshwara , has observed that the stay under Section 10 of the Code of Civil Procedure, 1908 (for short "the CPC") can be granted only in respect of the suit instituted in a Civil Court not with other proceeding pending in other Court. There is no civil suit in respect of the land as aforestated is pending consideration in civil proceedings, thus, the stay granted by the Additional District Judge was contrary to the well settled ratio laid down by the Supreme Court in C. Parameshwara (supra). In view ofthe above, Shri Paranjpe, learned counsel appearing for the respondents No. 1 to 3 submits that admittedly there is no other suit pending in respect ofthe aforesaid land. For the reasons mentioned hereinabove, as W.P.(C) No, 6429 of 2Q07 is against the order of stay granted by the Additional Collector ffom payment ot compensation in respect of the same land, the District Judge may proceed with the suit without taking recourse to the provisions of Section 10 of the CPC. As W.P. (C) No. 6429 of 2007 is pending considering before this Court, it is expected that the District Judge wherein the suit is pending considergtion may decide the suit, in accordance with law and on its own merits, as early as possible, preferably within a period three months from the date of receipt of a copy of this order. Accorcfingly, the writ petition isdisposed of. g^ Satish K. Agnihotri Judge \^ Gowri AIR 2005 SC 242 €tr;.' •'