Citation : 2022 Latest Caselaw 6114 Chatt
Judgement Date : 29 September, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (C) No. 4219 of 2022
• Smt. Pyari Bai, D/o Late Prabhulal Tamboli, Aged about 71 years,
(Caste Barai) W/o V. K. Tamboli R/o Jagriti Society, Changorabhatha
Raipur Tahsil and District Raipur, Chhattisgarh. ---- Petitioner
Versus
1. State of Chhattisgarh, through Collector, District Balodabazar-
Bhathapara, Chhattisgarh.
2. Tahsildar, Simga District- Balodabazar- Bhatapara, Chhattisgarh.
---- Respondents
For Petitioner : Mr. Devesh G. Kela, Advocate. For State/Respondents : Ms. Sameeksha Gupta, Panel Lawyer.
Hon'ble Shri Justice Arvind Singh Chandel
Order on Board 29/09/2022
Heard.
1. Learned counsel appearing for the petitioner submits that pursuant to
the judgment dated 10.01.2019 passed by Civil Judge,
Class-II, Simga, District Balodabazar (C.G.) (Annexure-P/1). The
petitioner and other defendants Prabhulal Tamboli filed an application
before respondent No.2-Tahsildar, Simga for correction of land
records on 19.02.2020. After a lapse of about two and half years, the
proceeding has been pending before respondent No.2-Tahsildar and
has not been decided yet, therefore, it is prayed that this petition may
be disposed of directing respondent No.2-Tahsildar, Simga to
expedite the proceedings pending before it and decide the said
application as early as possible in accordance with law.
2. Learned State Counsel opposes the arguments advanced by learned
counsel for the petitioner.
3. On due consideration and on perusal of the order-sheets of
respondent No.2-Tahsildar, Simga it appears that, on 19.02.2020, the
application for mutation has been filed by the petitioner. After
issuance of notices to respondents therein on 09.02.2022 arguments
were heard and the matter was fixed for orders on 25.02.2022,
thereafter, without passing any order, again on 26.04.2022 arguments
were heard and the matter was fixed for orders on 20.05.2022,
thereafter, no order has been passed by respondent No.2-Tahsildar
till 30.06.2022, as per the order sheets submitted by the petitioner
before this Court. On perusal of the entire order-sheets, it appears
that the matter has been pending before respondent No.2-Tahsildar,
Simga from more than two and half years.
4. Looking to the above, respondent No.2-Tahsildar, Simga is directed
to expedite the proceeding of the case pending before it (Annexure-
P/2) and decide the same as early as possible in accordance with law
after affording the reasonable opportunity of hearing to the parties
within a period of six months from the date of receipt of copy of this
order.
5. Accordingly, the instant petition stands disposed of.
Sd/-
(Arvind Singh Chandel) Judge Vasant
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