^3 HIGH COURT OF CHHATTISGARH AT BILASPUR W..P. (C) N0. 3995/2011 PETITIONER RESPONDENTS Applicant Non-AppIicant No. 1 Non-Applicant No. 2 VERSUS 2. 4. Non-Applicant No. 3 Non-Applicant No. 4 6. Sano Devi Mathar W/o Naresh Kumar Mathar, aged about 35 years R/o Subhash Market House No. 274, 275, Sector 11, Zone -2, Khursipar Bhilai, District Dur; (C.G.). State of Chhattisgarh Through: The Secretary, Board of Revenue, D.K.S. Bhawan Raipur (C.G.). Rajeshwar Prasad S/o Shobha Ram Gupta, R/o Village Keshdabri, Tahsil Berla, District Durg(C.G.). Kejuram S/o Ramprasad, aged about 75 Years, R/o Village Keshdabri, Tahsil Berla, District Durg(C.G.). Mantora Bai W/o Manrakhan (died) of legal heirs. A) Manrakhan Nai S/o Not known B) Goverdhan S/o Manrakhan Nai C) Bhagat Nai S/o Manrakhan Nai D) Dilip Nai S/o Manrakhan Nai E) Chitrekha Nai W/o not known All R/o village Darjora, Tahsil Berla, District Durg (C.G.) Ramkumar S/o Jhagaru (died) of legal heirs. A) Balran-i S/o Late Ramkumar B) Radheshyam S/oRamkumar C) Ganesh S/o Ramkumar D) Manchan W/o Ramkumar E) Jhanglu S/o Not known All R/o village Kodwa, Tahsil Berla, District Durg (C.G.) Shiv Kumar S/o Jhagaru (died) of legal heirs. A) Ramnath Nai S/o Late Shiv Kumar Nai, R/o Janta Saloon, Near Bhuneshwari Talkies, Kwardha, District Kawardha (C.G.) B) Narendra Nai S/o Late Shiv Kumar Nai, R/o village Kodwa, Post Mohbhatta, Tahsil Berla, District Durg (C.G.) C) Indra Bai W/o Late Shiv Kumar Nai R/o village Kodwa, Post Mohbhatta, Tahsil Berla, District Durg (C.G.) ~^^^ "-'^ :)-^. '». ~% .^^s^ %. f,SslfssSi ii J/ ''v'./' Non-AppIicant No. 5 Non-AppIicant No. 6 Non-Applicant No. 7 Non-Applicant No. 8 7. Non-Applicant No. 9 9. 10. 11. Ramsharan S/o Jhagru R/o village Ahiwara, Tah. Dhamdha, District Durg (C.G.) Ramabai W/o Gend Singh R/o village Junwani, Tahsil & District Durg (C.G.) Sati Bai W/o Jhagru R/o village Ahiwara, Tahsil Dhamdha, District Durg (C.G.) Bhago Bai W/o Vishram (died) of legal heirs. A) Vishram Nai W/o Late Bhago Bai B) Bagas S/o Vishram Nai C) Teku S/o Vishram Nai D) Mannu S/o Vishram Nai E) Kansh S/o Vishram Nai F) Chaiti S/oVishram Nai All are resident of village Dongaria, Tahsil 85 District Kawardha (C.G.) Dukalhin Ramprasad, R/o Village Saldha, Tahsil Berla, District Durg (C.G.) WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OFINDIA. (SB :Hon'ble Mr. T.P.Sharma, J.) Present:- Mr. Y.C. Sharmawith Mr. Vivek Rathore, Advocate for the petitioner. Mr. Akhil Agrawal, P.L. for the State/respondent No. 1. Mr. Basant Kaiwratiya, Advocate for the respondents No. 4 to 10. None for the respondents No. 2, 3 SE 11. 1, ORDER (Passedon 19/10/2011) By this petition under Article 226/227 of the Constitution of India petitioner has challenged the legality and propriety of the order dated 24/11/2010 passed by Board of Revenue, Chhattisgarh, Bilaspur (Circuit Court, Raipur) in Revenue Revision No. R.N./05/R/A-6/1197/2006 whereby Board of Revenue has reversed the order passed by Additional Collector, Sub-Divisional Officer & Naib Tehsildar and has restored the order dated 1/12/ 1990 passed by Tehsildar, Berla. 2. Mr.- Y.C. Sharma with Mr. Vivek Rathore, Advocate for the petitioner, Mr. Akhil Agrawal, P.L. for the State/respondent No. 1 & T>- i -'2, '^' Mr. Basant Kaiwratiya, Advocate for the respondents No. 4 to 10 are heard. 3. Order impugned and record of Board of Revenue perused which reveal that vide order dated 1/12/1990 Tehsildar had directed mutation of name of respondent No. 2 Rajeshwar Prasad in Revenue Case No. 03/A-6/1988-89. Aforesaid documents and orders reveal that after first order of mutation, again second order of mutation has been passed by Naib Tehsildar which was not legally competent although at the time of passing order dated 1/12/1990, notices has not been issued to non-testamentary successors/heirs of deceased Ramprasad and order has been passed on the basis of one will. By passing order impugned, Board of Revenue has not committed any illegality and considering the nature of order dated 1/12/ 1990, petitioner and other respondents are at liberty to file appropriate petition for setting aside the order passed by Tehsildar, Beria dated 1/12/1990 or for review or to file appeal/revision before the competent forum, with these observations, petition stands disposed of. No order as to costs. Sd/- T.P. Sharma Judge T/ - i