Chattisgarh High Court
Ilahi Baksh vs Ayyub on 10 March, 2025
1
2025:CGHC:11761
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 2289 of 2022
1 - Ilahi Baksh S/o Late Mohammed Amir Aged About 57 Years R/o Near
Post Office Khaparganj, Bilaspur Chhattisgarh
2 - Ku. Shahnaz Begum D/o Late Mohammed Amir Aged About 66 Years R/o
Near Post Office Khaparganj, Bilaspur Chhattisgarh
3 - Smt. Shahin Begum W/o Abdul Hakim Aged About 58 Years R/o Rumi
Sound Service, Dhobi Line, Baijnathpara, Raipur Chhattisgarh
4 - Smt. Shabana Perveen W/o Shri M. D. Amin Aged About 56 Years R/o
Banglayard Station Road, Qr. No. 143-A/u Block No. 12, Bilaspur
Chhattisgarh
5 - Smt. Malka Tarannum W/o Mirza Quader Beig Aged About 52 Years R/o
Behind Chand Tyres, Moudhapara, Raipur, Chhattisgarh
6 - Nabi Baksh S/o Late Mohammad Yakub Aged About 68 Years R/o Behind
Sarkanda Police Station, Sarkanda, Bilaspur Chhattisgarh
--- Petitioner(s)
versus
1 - Ayyub S/o Late Mohammed Yakub Aged About 56 Years R/o Village
Mohra, Tahsil And District Bilaspur Chhattisgarh
2 - Aisha Begum S/o Shafiqulla Siddhiqui Aged About 69 Years R/o Village
Bhilai, District Durg, Chhattisgarh
3 - Pappi W/o Rahim Aged About 67 Years R/o Khaparganj, Near Jiwali
House, Bilaspur, District Bilaspur Chhattisgarh
4 - Khatija W/o Salima Aged About 65 Years R/o Khaparganj, Bilaspur,
District Bilaspur Chhattisgarh
5 - Atiya D/o Late Mohammed Yakub Aged About 61 Years Through Safiulla
Digitally
signed by
Sidhdhiqui, Recorder, G.E. Road Compound No. 01, Bhilai, District Durg
BALRAM
BALRAM
PRASAD
PRASAD
DEWANGAN
DEWANGAN Date:
Chhattisgarh
2025.03.11
16:45:03
+0530
2
6 - Zohra D/o Late Mohammed Yakub Aged About 63 Years R/o Village
Mohra, Tahsil And District Bilaspur, Chhattisgarh
7 - Najma D/o Late Mohammed Yakub Aged About 59 Years R/o Village
Mohra, Tahsil And District Bilaspur, Chhattisgarh
8 - State Of Chhattisgarh Through Collector, Bilaspur, District Bilaspur (C.G.)
9 - Nayab Tehsildar Bilaspur, District Bilaspur, (C.G.)
---- Respondents
For Petitioners : Mr. Pradeep Kumar Singh, Advocate
For Respondents No.1 : Mr. Karan Kumar Baharani, Advocate
For Respondents/State No.8 & 9 : Mr. Ritesh Giri, P.L.
Hon'ble Shri Justice Bibhu Datta Guru
Order On Board
10/03/2025
1. By way of this present petition, petitioner is seeking limited prayer for
decision on the applications dated 24.06.2019 and 11.02.2020 filed by
the petitioners before the Naib Tahsildar, Bilaspur for issuance of Rin
Pustika within stipulated time.
2. Learned counsel for petitioner would submit that on the basis of the
judgment and decree dated 07.07.2017, passed by the learned Fifth
Additional District Judge, Bilaspur in Civil Suit No.29-A/2007, which
was subsequently affirmed by this Court in F.A. No.389 of 2017 vide
judgment and decree dated 22.04.2019, the petitioners moved an
application before the Naib Tahsildar, Bilaspur for grant of Rin Pustika
to the petitioners, however, till date the said applications have not
been considered and decided by the Naib Tahsildar.
3. Learned State counsel would submit that, if the applications are still
pending before the Naib Tahsildar, Bilaspur and if there is no stay or
reversal judgment on the judgment and decree dated 07.07.2017,
passed by the learned Fifth Additional District Judge, Bilaspur in Civil
Suit No.29-A/2007, then the application filed by the petitioners will be
considered in accordance with law within stipulated period.
4. I have heard learned counsel for the parties and perused the
application submitted by the petitioner before the Naib Tahsildar on
24.06.2019 and 11.02.2020.
5. From perusal of the said application, it appears that the petitioners has
filed application before the Naib Tahsildar, Bilaspur for issuance of Rin
Pustika in respect of the land bearing Kh.No. 13/1, 102, 64, 660/1 and
676/1 measuring area 09.19 acres, 04.11 acres, 10.76 acres, 00.38
acres and 00.14 acres respectively, situated at Village Mohara, P.C.
No.16, Tahsil and District - Bilaspur.
6. Looking to the pleadings and the submission made by the learned
State counsel, it is directed that if the applications submitted by the
petitioners are still pending before the Naib Tahsildar/respondent No.9,
the respondent No.9/Naib Tahsildar shall consider the same in
accordance with law and pass necessary orders within a period of 45
days by giving opportunity of hearing to all the affected parties.
7. With the aforesaid observations and directions, this petition stands
disposed of.
Sd/-
Sd/-
(Bibhu Datta Guru)
Judge
Balram
