Kailash Prasad vs State Of Chhattisgarh
2022 Latest Caselaw 3715 Chatt

                                    1

                                                                      NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR
                       WA No. 283 of 2022

1.   Kailash Prasad S/o Late Rajkumar Sao Aged About 81 Years R/o
     Near Bus Stand Jashpur, District Jashpur, Chhattisgarh.
2.   Santosh Kumar Gupta S/o Bhola Sao Aged About 36 Years R/o Near
     Bus Stand, Jashpur, District Jashpur, Chhattisgarh.
                                                              ---- Appellants
                                 Versus
1.   State of Chhattisgarh Through The Secretary , Revenue And Disaster
     Management Department, Indrawati Bhawan, Naya Raipur, Atal
     Nagar , District Raipur, Chhattisgarh.
2.   The Commissioner Surguja Division Ambikapur, District : Surguja
     (Ambikapur), Chhattisgarh
3.   The Collector Jashpur District Jashpur Chhattisgarh.
4.   The Sub Divisional Officer (Revenue) Jashpur District Jashpur
     Chhattisgarh.
5.   Kamal Ram S/o Late Shankar Ram Aged About 32 Years Caste
     Munda (Tribal) , Resident Of Village Tikaitganj, Tahsil And District
     Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh
                                                            ---- Respondents

(Cause-title taken from Case Information System)

For Appellants : Mr. Anurag Gupta, Advocate For Respondent Nos.1 to 4 : Mr. H.S. Ahluwalia, Deputy Advocate General For Respondent No.5 : Mr. Jitendra Kumar Saxena, Advocate

Hon'ble Shri Arup Kumar Goswami, Chief Justice

Hon'ble Shri Parth Prateem Sahu, Judge

Judgment on Board

Per Arup Kumar Goswami, Chief Justice

14.06.2022

Heard Mr. Anurag Gupta, learned counsel for the appellants. Also

heard Mr. H.S. Ahluwalia, learned Deputy Advocate General, appearing for

respondent Nos. 1 to 4 and Mr. Jitendra Kumar Saxena, learned counsel,

appearing for respondent No.5.

2. This writ appeal is presented against an order dated 15.03.2022

passed by the learned Single Judge in WPC No.1258 of 2022, by which the

writ petition was allowed, setting aside the order dated 25.10.2019 passed

by the Additional Commissioner, Sarguja and restoring the order dated

09.07.2018 passed by the Collector, Jashpur.

3. It is an admitted position that the writ petition came to be allowed

without notice to the present appellants, who were arrayed as respondent

Nos. 5 and 6 in the writ petition. The order dated 25.10.2019, which was

set aside by the learned Single Judge, was in favour of the present

appellants.

4. As the appellants were not granted the opportunity of presenting their

case, there is violation of principles of natural justice.

5. In that view of the matter, we set aside the order dated 15.03.2022

passed by the learned Single Judge and remand the matter back to the

learned Single Judge for fresh consideration.

6. Appeal is allowed. No cost.

7. Registry will list the writ petition on 23.06.2022 before the appropriate

Bench having roster.

                         Sd/-                                           Sd/-
                (Arup Kumar Goswami)                          (Parth Prateem Sahu)
                     Chief Justice                                    Judge


Chandra