Chattisgarh High Court
Niyamatullah vs State Of Chhattisgarh on 20 October, 2022
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (C) No. 4463 of 2022
1. Niyamatullah S/o Late Sattar Mohammad, Aged About 68 Years,
2. Mohd. Salim Sheikh, S/o Late Sattar Mohammad, Aged About 66
Years,
3. Mohd. Yusuf Sheikh, S/o Late Sattar Mohammad, Aged About 54
Years,
Petitioner No.1 to 3 are R/o Village Marwahi, P.S. and Tehsil
Marwahi, District Gaurela-Pendra-Marwahi, Chhattisgarh.
4. Najma Begum, D/o Late Sattar Mohammad, W/o Mohd. Hussain
Khan, Aged About 70 Years, R/o Sihora Road, Pathani Mohalla,
District Jabalpur, Madhya Pradesh.
5. Afsari Begum, D/o Late Sattar Mohammad, W/o Sahadat Khan, Aged
About 64 Years, R/o Village Kudan, Post Aama Hinota, District
Jabalpur, Madhya Pradesh.
6. Asgari Begum, D/o Late Sattar Mohammad, W/o Mohd. Rafiq Khan
Aged about 62 Years, R/o Sihora Road, Pathani Mohalla, District
Jabalpur, Madhya Pradesh.
7. Akhtari Begum, D/o Late Sattar Mohammad, W/o Alishaan Khan
Aged About 58 Years, R/o Maan Talaiya, Jhadua Kuwa, Jabalpur,
District Jabalpur, Madhya Pradesh.
---- Petitioner
Versus
1. State of Chhattisgarh, through its Secretary, Department of Revenue
And Disaster Management, Mahanadi Bhawan, Naya Raipur, District
Raipur, Chhattisgarh.
2. Collector, Gaurella-Pendra-Marwahi, District Gaurela-Pendra-
Marwahi, Chhattisgarh.
3. Sub Divisional Officer (Revenue) Marwahi, District Gaurela-Pendra-
Marwahi, Chhattisgarh.
4. Tehsildar, Marwahi, District Gaurela-Pendra-Marwahi, Chhattisgarh.
5. Mohd. Siddiq, S/o Late Safiullah, Aged About 46 Years, R/o Village
Marwahi, P.S. and Tehsil Marwahi, District Gaurela-Pendra-Marwahi,
Chhattisgarh.
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6. Mohd. Rafiq, S/o Late Safiullah, Aged About 44 Years, R/o Village
Marwahi, P.S. and Tehsil Marwahi, District Gaurela-Pendra-Marwahi,
Chhattisgarh.
7. Abdul Samad, S/o Late Abdul Hasan, Aged about 57 Years R/o
Village Marwahi, P.S. and Tehsil Marwahi, District Gaurela-Pendra-
Marwahi, Chhattisgarh.
8. Rabiya Begum, D/o Late Abdul Hasan, W/o Ramjan Khan Aged
about 55 Years, R/o Village Jhagrakhand, Post Manendragarh,
District oriya, Chhattisgarh.
9. Abdul Saheed S/o Late Abdul Hasan Aged About 53 Years R/o
Village Marwahi, P.S. And Tehsil Marwahi, District Gaurela-Pendra-
Marwahi, Chhattisgarh.
10. Sabra Begum D/o Late Abdul Hasan, Aged About 51 Years, R/o
Village Marwahi, P. S. and Tehsil Marwahi, District : Gaurela-Pendra-
Marwahi, Chhattisgarh.
11. Abdul Rasheed S/o Late Abdul Hasan Aged About 49 Years R/o
Village Marwahi, P. S. and Tehsil Marwahi, District Gaurela-Pendra-
Marwahi, Chhattisgarh.
12. Rakhiya Begum D/o Late Abdul Hasan W/o Salim Khan Aged About
47 Years, R/o Village Marwahi, P. S. and Tehsil Marwahi, District
Gaurela-Pendra-Marwahi, Chhattisgarh.
13. Abdul Wahid, S/o Late Abdul Hasan, Aged About 45 Years, R/o
Village Marwahi, P. S. and Tehsil Marwahi, District Gaurela-Pendra-
Marwahi, Chhattisgarh.
14. Abdul Hamid, S/o Late Abdul Hasan, Aged about 43 Years, R/o
Village Marwahi, P.S. and Tehsil Marwahi, District Gaurela-Pendra-
Marwahi, Chhattisgarh.
15. Barkatullah, S/o Late Karamat Khan, Aged About 68 Years, R/o
Village Marwahi, P. S. and Tehsil Marwahi, District Gaurela-Pendra-
Marwahi, Chhattisgarh.
16. Samiullah, S/o Ajimullah, Aged About 49 Years, R/o Village Marwahi,
P.S. and Tehsil Marwahi, District Gaurela-Pendra-Marwahi,
Chhattisgarh.
17. Kalimullah S/o Ajimullah Aged About 41 Years, R/o Village Marwahi,
P.S. and Tehsil Marwahi, District Gaurela-Pendra-Marwahi,
Chhattisgarh.
18. Sarvari Begum, D/o Ajimullah, W/o Rafiq Khan, Aged About 43 Years
R/o Sihora Road, Jabalpur, District Jabalpur, Madhya Pradesh.
19. Hamidullah, S/o Ajimullah, Aged About 33 Years, R/o Purani Basti,
Shahdol, District Shahdol, Madhya Pradesh.
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20. Amimullah, S/o Ajimullah, Aged About 31 Years, R/o Village Marwahi,
P.S. and Tehsil Marwahi, District Gaurela-Pendra-Marwahi,
Chhattisgarh.
21. Shabnam Begum, D/o Ajimullah, W/o Wahid Khan, Aged About 36
Years R/o Village Marwahi, P.S. and Tehsil Marwahi, District :
Gaurela-Pendra-Marwahi, Chhattisgarh.
---- Respondents
For Petitioners : Mr. Surfaraj Khan, Advocate.
For State : Mr. Aditya Bhardwaj, Panel Lawyer.
Hon'ble Shri Justice Arvind Singh Chandel
Order on Board
20/10/2022
Heard.
1. Learned counsel for the petitioners submits that respondents No.5 to
14 has filed civil suit before the Civil Judge, Class-I, Pendra Road for
declaration of title injunction. Trial Court vide its judgment and decree
dated 22.02.2001 dismissed the suit. Against the said judgment,
respondents No.5 to 14 filed a civil appeal before the Court of District
Judge, Pendra Road. Vide judgment dated 17.01.2008, learned
Additional District Judge, Pendra Road reverse the finding of trial
Court and decree the suit. Being aggrieved by the judgment and
decree dated 17.01.2008, respondents No.16 to 21 has preferred the
second appeal before this Court vide its judgment dated 12.02.2020
passed in SA No.136 of 2008. This Court has affirmed the finding of
the judgment and decree dated 17.01.2008 passed by the First
Appellate Court. Again respondents No.16 to 21 preferred a Review
Petition No.97 of 2020 before this Court, which was also dismissed
vide order dated 23.04.2021. Meanwhile, respondents No.5 to 14
filed an application before the Tahsildar, Marwahi for compliance of
the judgment and decree dated 17.01.2008 before the First Appellate
Court. The Tahsildar, Marwahi has drawn the revenue case in
Revenue Case No.202003071200002/A-6-A/2019-20 and the said
revenue case is still pending and no progress has been made,
therefore, it is prayed that this petition may be disposed of directing
respondent No.4-Tahsildar, Marwahi to expedite the proceeding and
decide the same as early as possible and any outer limit may also be
fixed in this regard.
2. Learned State Counsel does not oppose the above limited prayer
made by counsel for the petitioners.
3. On due consideration, this petition is disposed of directing
respondent No.4-Tahsildar, Marwahi to expedite the proceeding of
the said case as early as possible preferably within a period of four
months from the date of receipt of copy of this order in accordance
with relevant law.
4. Accordingly, the instant petition stands disposed of.
Sd/-
(Arvind Singh Chandel)
Judge
Vasant
