Shraddha Singh vs State Of Chhattisgarh
2021 Latest Caselaw 2345 Chatt

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                                                                                  NAFR

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                               WPC No. 3581 of 2021

    Shraddha Singh D/o Vijay Singh Aged About 32 Years R/o Tahsil-
     Dharamjaigarh, District- Raigarh, Chhattisgarh

                                                                         ---- Petitioner

                                        Versus

   1. State Of Chhattisgarh Through Secretary, Revenue Department, Mahanadi
      Bhawan, Mantralaya, Capital Complex, New Raipur, District-
      Raipur,chhattisgarh

   2. Additional Commissioner         Bilaspur   Division,bilaspur, District-   Bilaspur,
      Chhattisgarh

   3. Sub Divisional Officer Dharamjaigarh, District- Raigarh, Chhattisgarh

   4. Tahsildar Kapu, Dharamjaigarh, District- Raigarh, Chhattisgarh

   5. Rekha D/o Late Amar Bahadur Singh Aged About 55 Years

   6. Renuka D/o Late Amar Bahadur Singh Aged About 53 Years

   7. Reena Singh D/o Late Amar Bahadur Singh Aged About 45 Years

      All above respondents No.5 to 7 R/o Mage Chanchayat, Dharamjaigarh, Ward
      No. 6, Tahsil- Dharamjaigarh, District- Raigarh, Chhattisgarh

                                                                      ---- Respondents



      For Petitioner              :       Shri Anurag Singh, Advocate

      For Respondents/State       :       Ms. Astha Shukla, PL


                       Hon'ble Shri Justice Goutam Bhaduri

                                         Order

15/09/2021

   1. Heard.
                                         2

2. Challenge in this petition is to the order dated 30.07.2021 passed by the

   Additional Commissioner, Bilaspur, whereby an application for stay has been

   rejected claiming status quo in respect of the subject property.


3. Background

of the facts are that a judgment and decree was passed in favour

of the petitioner on 01.10.2019 in Civil Suit No.11A/2012 by the Civil Judge,

Class-II, Dharamjaigarh. In such judgment and decree, the petitioner was held

to be the owner of the land total 14 plots admeasuring 10.328 hectare at village

Vijaynagar, Tehsil Dharamjaigarh, District Raigarh. The possession decree was

also passed in favour of the petitioner. Further the injunction was also passed

as against respondents No.5 to 7 not to alienate the property. After such

judgment and decree was passed by the Court of Civil Judge, Class-II, an

application was filed before the Tehsildar for mutation of the name and the

Tehsildar by order dated 27.10.2020 has ordered for correction/mutation of the

name. The said order was subject of appeal before the SDO and the SDO by

order dated 27.01.2021 has allowed the appeal and set aside the order of the

Tehsildar. The said order was subject of appeal before the Commissioner and

along with memo of appeal, stay application was also preferred. In the said

second appeal the impugned order dated 30.07.2021 has been passed.

Reading of the order would show that though the delay was condoned and the

appeal was admitted for hearing but the stay application was rejected being not

satisfactory.

4. In any case, when the petitioner is holding the judgment and decree that certain

certain rights have been affirmed in his favour by the decree of the Court unless

it is set aside or modified. In the meanwhile when the application for mutation

of the name is pending, once the second appeal is admitted for hearing by the

Additional Commissioner, Bilaspur and during the pendency of the appeal if the

stay is not granted in a particular case, it may lead to multiplicity of the

proceedings and once the appeal is admitted then in such case the stay petition

ought to have been allowed.

5. In the given facts of this case since the original civil suit which was filed in 2012

and considerable time has passed till date to settle the lis, I do not find it proper

to keep this petition pending instead it is directed that the Additional

Commissioner, Bilaspur shall adjudicate the appeal bearing No.99A-6/2020-21

Village Dharamjaigarh within a reasonable time and in the meanwhile, the

status quo in respect of the property about the mutation of the name shall be

maintained till the appeal is finally adjudicated.

6. With the aforesaid observation, the writ petition stands disposed of.

SD/Sd/-

Goutam Bhaduri Judge Ashu