SUSHILA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition has been brought challenging the order dated 29.01.2019 passed by the Civil Court by which the application filed by the petitioner under Order 7 Rule 11 of C.P.C. was dismissed and also the order dated 06.01.2015 passed by the Tehsildar by which the mutation ordered in favour of the petitioner was set aside.

(2.) It is submitted by the learned counsel for the petitioner that the petitioner had made purchase of a piece of land from Mukesh Kumar Menon on 13.05.2013, on consideration. This purchase was made prior to the notification regarding the acquisition of the said land and other lands. Subsequent to which, the land purchased by the petitioner was acquired for construction of railway lines. The applicant and other purchasers of the lands objected in the land acquisition proceeding but the award has been passed in favour of the original land owner, after rejecting the objection raised by the applicant/petitioner and others. The land in question was also mutated in favour of the petitioner. Subsequent to the purchase made by her. The order of mutation has been reviewed by the Tehsildar by the impugned order dated 06.01.2015 and the mutation has been set aside.

(3.) It is further submitted by the learned counsel for the State that State has filed a Civil Suit No.639 of 2019 against the petitioner and one another in which the petitioners filed application under Order 7 Rule 11 of C.P.C. raised the objection, that the suit is time barred and also that under Section 63 of the Land Acquisition Act, the Court has no jurisdiction to hear the case. None of the parties of the sale transaction have filed his suit. The suit is clearly barred by the Section 63 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The learned trial Court has erroneously rejected this application. Therefore, it is prayed that the impugned order may be set aside.