IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. (Cl N0. ^^52- /201i(S.BJ PETITIONERS ^^ ^^^^ 0\ A-' ..•••'\^'y~ .•••\ 0\ •^o-''^" ...-••"', <?-v\^8 ..-•'^p <?.v^- '^-•" ^- ^v /^.^s^\^ RESPONDENTS 1. Smt. Basanti Devi, W/o Late Shri Lal Singh, aged about 52 years. 2. Shailendra Singh, S/o Late Shri Lal Singh, aged about 33 years. 3. Virendra Singh, S/o Late Shri LalSingh, aged about 31 years. 4. Narendra Singh, S/o Late Shri Lal Singh, aged abou 26 years. All are resident of Qtr No. 2/A, Street/Avenue, Sector-7, Bhi&lB^' Nagar, Tahsil and Distt. Durj (C.G.). VERSUS ^' . • ' : 1. State of Chhattisgarh, Through - The Secretary, (Administa-ation) D.K.S. Bhawan, </ Raipur (C.G.). 2. The Collector, Durg Distt. Durg (C.G.) 3. Sub Divisional Officer (Revenue), Durg, District Durg (C.G.). ^' 4. Tahsildar, Dhamdha, District -Durg (C.G.) '^1 WMT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA t '•<^'& '^. ^ V"M^ HTGH COIJRT OF CHHATnSGARH AT BIT,ASPIJR PETmONER WRIT PETITION (C) No. 5792 of2011 Smt. Basanti Devi & Others. RESPONDENTS VRR8IJS State ofChhattisgaA & Others •WRTT PETITION UNDER ARTtCLE 226 OF THE CONSTrrUTION OF INDIA SB: Hon'Ue Shri Satish K. Agnihotri, .1. Present: Shri B.P.Singh, Advocate forthe petftioner. Shri V.V.S.Moorihy, Depuly Advouate General For the State. ORDKR (Passed an 28th day ofSeptember, 2011) Challenge ia this petition is to the order dated 03.02.2011 (Annexiire P/l) whereby Ifae applieation of the petitioners for grantmg possession ofthe laad aUotted to Late Shri Lal Singb, has been rejected. L«amed counsel appearing for the petitioner submits that Ifae application ofpetitionera who are tfae legal heirs of Lafe Shri L^l Sin^i, filed before the Collector, DIII^, for gwiting possession of the land allotted to Late Shri Ul Singh, was rejerted on a simple eroimd that fhe order ofthe Civil Coiirt, dsclaring the petitionera as the legal heirs of Late Shri Lal Singh, could not be produced within the reasonable time and there was some delay in producing fhe said order. Be ttiat as it may, since the land was already allotted in favour of Lflte Siiri Lal Smgh. even ifthere was some delay. accordingto the petitioners, it was 12 days, the same oudit to have been condoned and appropriate order in aceordance with law should have been pa-ssed bv the CoUeetor. The Collector has taken a verv technical view ignorine completely the fact Ihatthe land was afceady allotted in the name of Late Shri Lal Sindi. The only question was for handing over Ihe possession to the legal heirs i.e. fhe petitionere. Thus, the order dated 03.02.201 1 (Amiexiu-e P/l) is quashed to that extent, The C-ollector, Durg, is directed to take order passed by the Civil Court (Annexiire P/4) on record and pass appropriate order in accordance with law. 4. With the aforesaid observation and direction, the •writ petition is disposed of. SatishK. AgRihutri Judge Afflit