SHAISTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the order dated 19.07.2019 passed by the learned Single Judge in Writ Petition (C) No. 2469 of 2019, whereby the proceeding pending before the Nazul Officer in Nazul Case No. 156/A-6/2018-2019 is challenged which came to be dismissed.

(2.) Facts of the case as submitted by the learned counsel for Appellant are that the Respondent No. 5 had moved an application before the Nazul Officer under Section 110 of the Chhattisgarh Land Revenue Code, 1959 for mutation of the names of himself and 3 others persons on property bearing Sheet No. 49, Plot No. 35/102 measuring 960 sq.ft. Nazul Officer registered the case and issue notice. After appearance the Appellant raised objection which was not decided and this made the Appellant to file writ petition with the following reliefs:

(3.) The submission of the learned counsel for the Appellant is that earlier father of the Respondents No. 5 and 6 has filed a civil suit before the Civil Court for declaration and injunction wherein after his death his legal heirs though were substituted, subsequently they withdraw the suit with liberty to bring the fresh suit.