Chattisgarh High Court
Sunil Kumar Jain vs State Of Chhattisgarh on 16 August, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
WPC No.3508 of 2022
1. Sunil Kumar Jain, S/o Shri Nemichand Jain Aged About 64 Years R/o Village
Sanna, Tahsil Sanna, District Jashpur (C.G.)
2. Anil Kumar Jain, S/o Shri Nemichand Jain Aged About 66 Years R/o Purani
Toli, Near Gayatri Mandir, Jashpur (C.G.)
3. Sushil Kumar Jain, S/o Shri Nemi Chand Jain Aged About 65 Years (Wrongly
Mentioned As Padam Kumar Jain In Order Impugned) R/o Purani Toli, Near
Gayatri Mandir, Jashpur (C.G.)
4. Sangeeta Devi Wd/o Late Subodh Jain Aged About 55 Years, R/o Purani Toli,
Near Gayatri Mandir, Jashpur (C.G.)
5. Siddharth Jain, S/o Late Subodh Jain Aged About 27 Years, R/o Purani Toli,
Near Gayatri Mandir, Jashpur (C.G.). Resp No. 4 And 5 Are Legal Heirs Of
Non Applicant No. 4 Subodh Kumar Jain S/o Nemi Chand Jain,
---- Petitioners
Versus
1. State Of Chhattisgarh Through Its Secretary, Ministry Of Revenue,
Secretariat, Capital Complex, Mahanadi Bhawan, Nawa Raipur District
Raipur (C.G.)
2. The Commissioner Surguja Division, Surguja (C.G.)
3. Tha Naib Tahsildar Sanna, District Jashpur
4. Dashrath Oraon S/o Bifaiya Oraon R/o Village Sanna, Tahsil Sanna, District
Jashpur (C.G.)
5. Devsai Oraon, S/o Bifaiya Oraon R/o Village Sanna, Tahsil Sanna, District
Jashpur (C.G.)
6. Shanichar Oraon S/o Baldev Oraon R/o Village Sanna, Tahsil Sanna, District
Jashpur (C.G.)
7. Catholic Sanstha Jashpur North Circle, District Jashpur Chhattisgarh
8. Bartholineus S/o Arthar Caste - Oraon, R/o Village Sanna, Tahsil Sanna,
District Jashpur (C.G.)
---- Respondents
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16/08/2022 Shri B.P. Sharma with Shri M.L. Sakat, and Shri Apurv Goyal with
Ms. Sameeksha Gupta, Counsel for the petitioners.
Shri Ghanshyam Patel, G.A. for State.
Heard on admission as well as I.A. No.1, application for grant of
interim relief.
Issue notice on these to the respondents.
Shri Ghanshyam Patel, G.A. is already appearing on behalf of
respondents No.1,2 &3, therefore, issuance of notice to them is not
required.
Learned Counsel appearing for the petitioner submits that the
main contesting parties are respondent No.4,5 &6.
Issue notice to respondent No. 4,5 & 6. P.F. within a week.
It is submitted by learned counsel for the petitioner that the
impugned judgment has been passed by the Commissioner, Surguja
Division, on the basis of the judgment passed by this Court in Case of
Ramkunwar Vs. Banshilal and Ors. which has already been overruled,
therefore, the impugned judgment is not sustainable. Thus, it is prayed
by the learned counsel for the petitioner that the efect and operation
of the impugned judgment shall remain stayed.
Perused the impugned judgment dated 22.07.2022.
Looking to the submissions made by learned counsel for the
petitioner and also after perusal of the impugned judgment, purely as an
interim measure, it is directed that the efect and operation of the
impugned order dated 22.07.2022 (Annexure P/1) shall remain stayed till
the next date of hearing.
It is further directed that parties shall maintain status quo in
relation to the suit property as it exists today till next date of hearing.
List this case after four weeks.
Sd/-
(Arvind Singh Chandel)
Judge
Prakash
