r'\ .-• ,k ' / O) IN THE HIGH COURT OF JUDICATURE AT BILASPUR fCHHATTISGARHl WRIT PETITION N0. 1^^ OF 2006 •^ PETITIONERS -^ ^.y^ ^°"y/ ^"^^/ ^,-£^7 y^Sf^'y /',^y . •&'•^ / A'\y /X ^" 1. Devraj (dead) s/o Late Shri Sonsai Bijhia. Through Legal representatives- l(a) Smt. Balkunwar,w/o Late Shri Devraj Aged about 50 years, ^^--l(b) Smt. Manmati w/o Shri Dilip Kumar , D/o Late Shri Devraj Aged about 32 years, ^- l(c) Shri Gumendra,s/o Late Shri Devraj aged about 25 years. ^,''1. Shiv Prasad, s/o Nanhuram Bij'hia, aged about 35 years ^"3. Jadunath s/o Shri Mangalsai Bijhia, aged about 75 years. ^^-'4. Ranprasad, S/o Shri Bholaram, aged about 30 years ^- 5. Mastram, s/o Shri Jadunath Bijhia, aged about 45 years. 6. Manoj Kumar, s/o Bhuvansai, aged about 45 years. 7. Baijnath, s/o Shivnath, aged about 50 years .8. Piyaro, s/o Shivnath, aged about 43 years. t^" w ^ ^. RESPONDENTS^ ) ••/y^".•fa ;*f%^?%. V -v :--:<>'"te- •% fr '•&. '•y>. if ~ ffi-i.^^rt^ |, , i^^-u^ r^ <-^'9. Ramsai, s/a^Bht.uvansai, aged about 30 years ^- 10. Ranprakash, s/o Bholaram aged about 32 years ^-11. Sanjay, s/o Gangaram, aged about 31 years. All Residents of Village Khandaura, Police Station Khargaon," ' • Tehsil Manendragarh, District Korea (Chhattisgarh). VERSUS 1. Sonmatiya, widow of Late Shri Bahadur Bijhiya, aged about 34 years 2. Ramkishan, s/o Late Shri Batiadur Bijhiya, aged about 12 years'. ,. . ' ^. 3. Ramavtar, s/o Late Shri Bahadur Bijhia aged about 10 years Respondents No.2 & 3 above beihg Minors are represented'/ by their Mother, Natural "^ Guardian, and.Respondent ; N0.1 •"'" '' All Residents of Village: Khandaura, Police Station : Khargaon, Tehsil : Manendragarh, District : Korea (Chhattisgarh). WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT IN NATURE OF CERTIORARI, MANDAMUS PROHIBITION AND OTHER SUITABLE WRIT OR WRITS. DIRECTION OR DIRECTIONS. ORDER OR ORDERS: &• BBsy OF N0. OF PPTETifT!Ni=l F*'^n ^ S^ ? i**«p'i^it i Devraj (dead) through Leg Reprs and others Ver Sonmatiya and others. WRiT PETITiON UNDER ARTICLE 226/227 OF THE CONSTiTUTION OF !ND!A ESinale Bench: Hon'bSe Shri N ,K. Aaarv/ai.J. -i';i Sanjay K. Agrawa!, counsel for the petitioners. C.Jayant K. Rao, counsel for the respondents. 'nps? i.£>,?S S-^. ^^ri .rsn 2^ rlav of ^l^ '-^^ ^ ffd^S ^nrtwS -^? '*^f ^ 3 ^3l&£rrbh •U/B Sr, s Mssro. 2. Shri C. Jayanf K. Rao, learned counsej for the respondents at the very outset submits: he has no objection if ~hi5 ^iSf:A tition is al'owed subjsct to payment of heavy costs to ths ri^f^r^^ hnJd^r^/r^snDnri^nts vi^'-u'i ^ss j it^i^^;: O;' i s^O^-'WI i^S?( si.i3. 3. I have gone through the record of the^case and 'aiso perused the orders of bofh the Courts below. 4. The petitioners are rustlcviHagers. The property invoived in fhe case is 3.71 hectors of agriculturaj iand. Although the grounds taken in the application are not inconformity wjth the record but looking to over ali circumstances of the case and considering the submission of respondents, in the considered opinion^ of this Court, the petition deserves to be allowed. The respondents can be compensated by imposing appropriate cost upon the petitioners. 5. Accordingiy, the orders of appeHate Court as wel! as the tria! Court are set aside, the petitioners' appiicaticn under Order ^SNSE.':—~'-^—.— ^—"—=- I- 9 Ruie 13 of CPC Is allowed subject to payment of Rs. 5.000/- as' costs to the plaintiffs/decree hoiders within a period of two months from today. The trial Court is directsd to restore the suit to its originai number and to decide the same in accordance with iaw on its own merits. •s. Partie:s srs dlr^ct^d to ^DQP^F h^for^ the Tf^l Couri' on 5S -^/Wii^wT^ =<^f ^i^t^/^rfr^; &^-iw ^ ^/j ^rf -<-^ l^ i j a^ri^ ^t-^.^i'^^ ^ ^/i i 25-04. S11 7 It is expected from the triai Court to decide the suit expeditious'y. Kw Sd/- N.K. Agarwal Judge