<?M ••i '. . i X HIGH COURT OF CHHATTISGARH AT B1LASPUR Second Appeal No. 225/2004 Sinale Bench: Hon'ble Shri Dilip Raosaheb Deshmukh. J. Appellant (Plaintiff) Vijay Kumar Agrawal, S/o Shri Ram Jeevan Agrawal, Aged aboul 37 years, Occupafon - Business, R/o Dharamjaigarh, District Raigarh (C.G.). VERSUS Resppndents 1. State of Chhattisgarh through - Collector, Raigarh Though in the impugned order it has been mentioned State of Madhya Pradesh but after the formation of new State of Chhattlsgarh, the same has been impleaded in the present appMl. 2. Shri l.K. Deshmukh, the then Tahsitdar, Dharamjaigarh, Presert Address Tahsil Pathalgaon, District Raigarh (C.G.) 3. Shri G.N. Singh, Tahsildar Dharamjaigarh, District Raigarh (C.G.). SECOND APPEAL UNDER SECTION 100 OF THE CODE OF OVIL PROCEDURE Present- Shri P. Diwakar, Senior Advocate with Shri Kunal Das, eounsel for the appellant. Shri G.D. Vaswani, Govt. Advocate forlhe State/respondent No. 1 . ORALORDER (Passed on this26nl day of April, 2007) Heard on I.A. No.1/2007 vMch is an appltealion under Order-41 Rule-27ofC.P.C. 2. Consideredand allowed. Documentis taken on record. 3. It was urged by the leamed senior Advocate for ttie appeltent that vide order dated 11.5.2005 the State Govemment has setasicte the order of cancellafion of lease by the Addffional Collector in revenue case No.3-A/19(4)/96.97 on 20.3.1997. 4. Learned Govemment Advocate appearing for the State submitted that in view of the order dated 11 .5.2005 passed by the -id^ if Priya State Govemment, the respondent would not press into service the finding recorded by the Courts below on the basis of the order passed by the Addifional Collector, Rajnandgaon, that grant of lease by Tehsildar was null and void. In view of the submission madeby the learned Govemment Advocate Tor State, leamed Senior Advocate for the appellant sought permission to withdraw this appeal. 5. Prayer is not opposed. 6. Accordingly, this Second Appeal is disposed of as withdrawn. tn view of Uie above, M.C.P. No.589/2004 which is an application under Order-39 Rule-1&2 of C.P.C for grant of stay also stands disposedof. 3d/. Dilip Raosaheb Deshmukh Judge