NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WA No. 346 of 2024

1. Rafique Ali S/o Kamar Ali Aged About 50 Years Caste - Muslim, R/o Village Kanharpuri, Tahsil And District Rajnandgaon (C.G.)

2. Shahadat Ali S/o Amir Ali Aged About 52 Years Caste - Muslim, R/o Village Kanharpuri, Tahsil And District Rajnandgaon (C.G.)

---- Appellants Versus

1. State Of Chhattisgarh Through - Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur (C.G.)

2. Chairman, Board Of Revenue, Circuit Court, Raipur, District Raipur (C.G.)

3. Commissioner, Division Durg District Durg (C.G.)

4. Collector, District Rajnandgaon (C.G.)

5. Sub Division Officer (R), Rajnandgaon District Rajnandgoan (C.G.)

6. Tahsildar Rajnandgaon, District Rajnandgoan (C.G.)

7. Patwari P.H. No. 43, Tahsil And District Rajnandgaon (C.G.)

8. Prem Sonkar S/o Kartik Ram Sonkar Aged About 55 Years R/o Village Nandai, Tahsil And District Rajnandgaon (C.G.)

9. Krishna Sonkar S/o Kartik Ram Sonkar Aged About 38 Years R/o Village Nandai, Tahsil And District Rajnandgaon (C.G.)

10. Balram Sonkar S/o Kartik Ram Sonkar Aged About 35 Years R/o Village Nandai, Tahsil And District Rajnandgaon (C.G.)

---- Respondents (Cause-title taken from Case Information System)

For Appellants : Mr. Mirza Hafeez Baig, Advocate For Respondents No. 1 to 7/State : Mr. Shashank Thakur, Dy. A.G.

Hon'ble Shri Ramesh Sinha , Chief Justice Hon'ble Shri Sachin Singh Rajput , Judge Judgment on Board Per Ramesh Sinha , Chief Justice

18.06.2024

1. Heard Mr. Mirza Hafeez Baig, learned counsel for the appellants. Also heard Mr. Shashank Thakur, learned Deputy Advocate General, appearing for the respondents No. 1 to 7/State.

2. This writ appeal is presented assailing the order dated 30.04.2024 passed by the learned Single Judge in WP(C) No. 2346 of 2024 (Rafique Ali & Another v. State of Chhattisgarh & Others), whereby the writ petition iled by the appellants herein was dismissed by the learned Single Judge.

3. Brief facts necessary for disposal of the case are that the Respondent No. 8/Prem Sonkar pertaining to survey No. 808/7 ad- measuring area 0.6070 hectares, Respondent No. 9/Krishna Kumar Sonkar pertaining to survey Nos. 808/6, 808/9 and 808/4 admeasuring areas 0.6070, 0.6070 and 0.4040 hectares and Respondent No.10/Bairam Sonkar pertaining to survey Nos. 808/5, 808/8 and 808/10 admeasuring areas 0.6070 0.6070 and 0.4050 hectares respectively situated at Village-Kanharpuri Tehsil and District Rajnandgaon (CG.) moved applications for demarcation under Section 129 of the Chhattisgarh Land Revenue Code 1959 before the Tehsildar, Rajnandgaon (C.G.). An objector namely, Asgari Begum and another filed an objection in that proceeding to the effect that pertaining to survey Nos. 808/5, 808/6, 808/7,808/8, 808/9 and

808/10 situated at Village-Kanharpuri, Tehsil and District Rajnandgaon (C.G.), a civil suit has been filed against respondents No. 8 to 10 which is pending before the learned Third Additional District Judge, Rajnandgaon. It is also stated in the objection that the Will deed, as well as the registered sale deed, have been challenged in that civil suit. Vide order dated 15.06.2023, the Tehsildar, Rajnandgaon after going through the objections raised by Asgari Begum and another, stayed the further proceedings of demarcation on the ground that the issue of title is involved. Respondents No. 8 to 10 preferred revision petitions before the Additional Collector, Rajnandgaon against the order dated 15.06.2023. The Additional Collector, Rajnandgaon vide order dated 04.09.2023 set aside the order passed by the Tehsildar dated 15.06.2023 and remitted back the matter to decide it afresh according to the law on the ground that there is no interim order passed in Civil Suit No. 34/2023 pending before the learned Third Additional District Judge, Rajnandgaon (C.G.) parties being Rafique Ali and another Vs. Purushottam Khandelwal and 13 others. Thereafter, the appellants have filed a copy of the order pas