BEFORE THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (C.G.) WRiT PETITION PETITIONER ^^I\CC\&JE- /i, ii>' ^^ ^ ^'^ .. ^p* .•-'' RESPONDENTS ^LeSpGVvA^^kS ^f^i^ . ^?.%^ , $?:^"^p' ,<ijp^ ^c-^ ^^ & N0. 3/3 / 2010. Prashant Mishra S/o. late Prakash Narayan Mish(a, aged about- 25 years, R/o. Village Dhauratikra, P.S. & Tahsil Baikunthpur, District Korea (C.G.) i VERSUS X" ^ .1. State of Chhattisgarh, through Secretary, Department of Revenue, D.K.S. Bhawan, Raipur 2. The Additional Collector, Korea, District- Korea (C.G.) f': 3. The Nazut Officer, Korea, District- Korea (C.G.) r^ 4. The Tahsildar, Baikunthpur, District- Korea (C.G.) 5. Sub Divisional Officer, Baikunthpur, Korea, District- Korea (C.G.) x' {" 6. Additional Commissioner (Revenue), Surguja Division, Ambikapur, Headquarter Bilaspur (C.G.) WRIT PETITION UNDERARTICLES 2267227 OF THE CONSITUTION OF INDIA. ^- / t^1 HIOH COURT OF CHHATTI8GARH AT BILASPUR Sinate Bench: Hon'bte Shri Jvstlee Prashaiit KumarMjshra Wrlt Petition 0271 No.313/201Q PeWioner Versus Prashant Mishra State of Chhattisgarh and others. Shri Sourabh Dangi, counsel for the petltioner. Shri Susheel Dubey, Govt. Advocate for the respondents/State. Writ PetitioEi under Article 227 of the Constitution ot India ORAL ORDER <28.01.2010) Heard. (2) The petltloner herein Is aggrleved by the Order 16.12.2009 by the Additional Commissioner (Revenue), Surguja Divlsion, Amblkapur In case No.557/A"68/2008-09. The onty ground ralsed by the iearned counsel for the petitioner at this stage is that the Impugned order has been passed wfthoirt glving an opportuntty of hearing and the interim order/stay order eartier granted in his favour foy the Addftional Commissioner, Suguja Division, Ambikapur has been vacated without hearing the petitloner. (3) From the Impygned order (Annexure-P/1) ft appears that some communication made by the GoiSector, Koria over telephone with the Addltionat Commissioner and the matter was taken up on 16.12.2009 and %he interim order was vacated. Though 'rt appears from the impugned order that the disputes relates to the government jn whtoh the petitioner is clalming hls right, yet since, the Impugned order has been passed withoul giv'sng an opportun'rty of hearins, 'rt Is that the Addltlonal Commissloner (Revenue), Surguja Divlsion, Amblkapur shall hear the petitloner on the question of vacating the interim order on or before 24.02.2010, the on vAich the matter has been fixed by the sald authorrty. ^ ^- (4) St te made clear that thls Court has not commented any opiRloo on the mer'rts of the case and the Addltional Commissloner sha!l be free to decide the matter pencllng before him In accordance with law and on the basls of the facts and clrcumstances of the case. (5) Till the order on the qyestlon of vacatlng stay is passed by the Authority, after hearlng the petitioner, the petltloner not dlspossess from the subject land. (6) The writ petition stands dlsposed of with the above observation. Sd/- Prashant Kumar Mishra Judge Biii r