Advocates:
['RAJKUMAR PALI', '', 'Amit Kumar Sahu', 'POOJA RANI PALI', 'A G', '', 'SUNIL SAHU', 'SUMIT SHRIVASTAVA']

Page 1 of 5

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

WP (227) No. 478 of 2020

1.

Devendra Kumar, S/o Late Mahanguram, Aged About 50 Years.

2.

Khagesh, S/o Mahanguram, Aged About 40 Years.

3.

Smt. Sulochana, W/o Devendra Kumar, Aged About 45 Years.

Petitioner Nos. 1 to 3 are Caste Kalar, R/o Tadoki, Tehsil

Antagarh, District- Uttar Baster Kanker (C.G.)

4.

Sonsay, S/o Late Sanhaguram, Aged About 55 Years.

5.

Sonu, S/o Late Sanhaguram, Aged About 48 Years, Caste Kalar

6.

Smt. Bindabai, W/o Sonsay, Aged About 50 Years, Caste Kalar

Petitioner Nos. 4 to 5 are R/o Kaleparas, Tehsil Antagarh,

District- Uttar Baster Kanker (C.G.)

7.

Bharat, S/o Late Cherka, Aged About 50 Years, Caste Kalar, R/o

Village Tadoki, Tehsil Antagarh, District- Uttar Baster Kanker

(C.G.)

8.

Siyaram, S/o Late Cherka, Aged About 32 Years, Caste Kalar,

R/o Village Aidanaar, Tehsil Antagarh, District- Uttar Baster

Kanker (C.G.)

--- Petitioners

Versus

1.

Sharvan Kumar, S/o Late Chital Singh, Aged About 42 Years.

2.

Ishwar, S/o Late Chital Singh, Aged About 26 Years.

3.

Smt. Dukhibai @ Durga, W/o Late Chital Singh, Aged About 60

Years.

Respondent Nos. 1 to 3 are Caste Kalar, R/o Village Tadoki,

Tehsil Antagarh, District- Uttar Baster Kanker (C.G.)

4.

The State of Chhattisgarh, Through Collector Uttar Baster Kaker

(C.G.)

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--- Respondents

________________________________________________________

For Petitioners

:

Mr. Raj Kumar Pali, Advocate.

For Respondent No. 1 to 3

:

Mr. Sunil Sahu, Advocate.

For State/ respondent No. 4

:

Mr. Adil Minhaj, Govt. Advocate.

________________________________________________________

Hon'ble Shri Justice Rajendra Chandra Singh Samant

Order on Board

11

/01/2021

1.

This writ petition has been brought under Article 227 of the

Constitution of India, praying to quash the order dated

14.09.2020 passed by learned Additional District Judge,

Bhanupratappur, District- North Bastar Kanker (C.G.) in Misc.

Civil Appeal No. 04/2020, confirming the order dated 31.07.2020

passed by Civil Judge Class-I, Bhanupratappur in Civil Suit No.

4A/2020.

2.

The facts of the case is that the petitioners have filed a civil suit

against the respondents pleading that the petitioners are rightful

owners of the suit property. Father of respondent No. 1 had

illegally got entered his name in the revenue record and on that

basis, the respondents/ defendants have filed an application

before Tahsildar- Antagarh for partition. Relief of declaration has

been prayed for and a separate application has been filed under

Order 39 Rule 1 & 2 of the C.P.C. praying for temporary

injunction, for staying the proceeding of partition pending before

the Tahsildar. This application was contested by the respondents

side and then, the order dated 31.07.2020 was passed by the

trial court dismissing the application. Misc. Civil Appeal No.

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04/2020 preferred by the petitioners, has been dismissed by the

impugned order.

3.

It is submitted by learned counsel for the petitioners that the

family tree of the petitioners has been shown in the plaint, which

does not include the name of the respondents/ defendants. The

documentary proof, on which, the petitioners have placed their

reliance, is the revenue document of the year 1944-45, in which,

only name is mentioned i.e. Karan, S/o Donda recorded as

agriculturist of the suit property. The name of predecessors of

the private respondent- Chital Singh, is found mentioned for the

first time in the revenue record of the year 1962-63. The

respondents/ defendants have no relation with the petitioners/

plaintiffs, hence, the entry made in the revenue record of the

year 1962-63 is erroneous and illegal regarding which, it is

alleged that the mutation in the name of Chital Singh has been

procured unlawfully.

4.

It is further submitted that the resolution passed by the Gram

Panchayat for partition of the suit property, is erron