^ ^(<r2? IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR ^ ^' PETITIONER /.<,v^y ^^•'^ v' .^ ^••^•% ''•:'" -^:\y ..^\^r ^c<hy ^t^y RESPONDENTS ^€ ^ WRIT PETIT10N N0.3z6r"OF 2005. Dev Prasad, S/o Shri Krishna Prasad Kewat, aged about 41 years, Ocup.- Agriculturist, R/o Vjllage Patoud, Tah. & Distt.- Kanker (NorthBastar) (C.G.} VERSUS :1^ Board Of Revenue, Chhattisgarh at Bilaspur Ckcuit Court Raipur, Chhattisgarh, Through: President of Board Of Revenue, Chhattisgarh at Bilaspur (C.G.) lt>"<'^^"'2^ Tahsildar Kanker, • -^ 3./ Distt. Kanker (North Bastar), Chhattisgarh. 'State of Chhattisgarh, Through: Collector, Distt- Kanker (North Bastar) (Chhattisgarh) WRIT PETITION UNDER ARTICLES 22r6 AND 227 OF THE CONSTITUTION OF INDIA. r XI-HC-78 *S1^C$T^*fT^ ^•oq »<|l«lrt<4,U>T^IKI<ICO, RlrtK-iy^ •••••BBNBlkAW«Al>rffB y'B'B rf • • •-(('^BjtSl,• ^4 • •'• • 26 '"W[ 200 3TI^5T q^Ep (<j|c|^6|<^) JHi^T^rR^icb r^^T3?wp ^^rraR^riipr air^^T 22-8-2005 Shri R.K. Sharma, couns^i Shri Yashwant Singh Tha| Heard on admission. The petitioner has the Constitution of India questiorling the order dated 8-6-2005 passe^l preferr|ed -No.09/6-121/2004-05 whereby ^vUihder Section 8 of the dat^d ije Tehsildar, Kanker dated 25-5-3( Chhattisgarh Land Revenue Cod^ Brief facts leading to Kanker on the report of Patwari| the petitioner under Section 248 show cause notice was issueU petitioner, passed ihe order pubiic street was ordered to imposedon the petitioner, again^ under Section 52 (1) of the suspension of the order. The J^ order rejecting the applj'catjon or| the applicantcan approach the order, the petitioner moved th^ rejected the application of the entitled to file revision before th^ Chhattisgarh Land Revenue Cod^ the papers be consigned to recoi|d this writ petition under Article 226/227 of the legality, propriety and oorrectness of by the Board of Revenue in revenue case ttie Board of Revenue rejected the application Chhattisg^rh Land Revenue Code against theorder of •^005 passed under Section 52 (1) of the CPI^IO^OI ^l+loV^ff^t ^Rrt^l^ ^3lRl4l3n^$T forthe petitioner. :ur, Govt. Advocate for the State. fil|ng of this writ petition are that Tehsildar, Halka No.15 initiated proceedings against {>fthe Chhattisgarh Land Revenue Code and to the petitioner and after hearing the 25-5-2005 whereby encroachment on the removed and a fine of Rs.9,000/- was ^t which the petitioner moved an application Ch^attisgarh Land Revenue Code for stay and "^hsildar on the same application passed the fhe ground that stay cannot be granted and €|ppeilateCourt and obtain stay. Against this Revenue Board and the Revenue Board p^titioner on the ground that the petitioner is Coilector, Kanker under Section 50 of the ?, therefore, no further action is required and 27 XI-HC-78 ^TTI <-«|«10<1,U>-al^l<l<?, RoK-f^t «l1*1^1 ^^TTq? \OT^$T<CTRrli€h ^?pff3n^^TaRte ^Bt~ -r Bar^e ^. ^ 3TT^5Ttraq?(ijc|lj6|<£{) ^200 B^TWr^rfi?T3n^^T ^.j I do not find any illegality s the Chhattisgarh Land Revenue by a Revenue Officer who has p^ of the period prescribed for applscation under this provision c^ and the same was rejected b^ petitioner moved the Revenue ^ application on the ground that th^ the Collector. Therefore, this wr| same is dismissed. Consequentiy, M.(W.)P.| also stand disposed of. |ind infirmity in this order as the Section 52 of pode provides for stay of execution of order issed the order at any time before the expiry apjpeaj or revision. The petitioner moved an Section 52 (1) ofC.G. Land RevenueCode Tehsildar on 2-6-2005 against which the |oard and the Revenue Board rejected the petitioner is entitled to move revision before petition deserves to be dismissed and the No.2781/2005 and I.A. No.6291/2005 <pi<4Fo<n<i +ti+ioY^'I^^l ^Ri^ix ^3rf^T3n^?T Sd/- L.C. Bhadoo Judge ^