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MOHAN HONAP vs STATE OF CHHATTISGARH

Chhattisgarh High Court · Decided on 1 August 2018 · Citation: (2018) 08 CHH CK 0003

HON’BLE JUDGES
Sanjay K. Agrawal, J
ACTS & SECTIONS REFERRED
Chhattisgarh Land Revenue Code, 1959 — Section 44(1)
RESULT
Disposed off
CASE NUMBER
Writ Petition (C) No.2182 of 2018
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Judgment

11 paragraphs · 179 words
1.

Heard.

2.

Learned counsel for the petitioner submits that bedakhli warrant has been issued against the petitioner without any enquiry and without any final

order of adjudication.

3.

Learned State counsel submits that in identical case â€" W.P.(C) No.2165/2018 (M.K. Ahmed v. State of Chhattisgarh and others), decided on 1-

8-2018, liberty has been granted to file appeal.

4.

Be that as it may, since the order impugned is appealable as the order has been passed and thereby direction for eviction has also been given, the

petitioner is at liberty to prefer appeal under Section 44(1) of the Chhattisgarh Land Revenue Code, 1959. If appeal is preferred by the petitioner by

tomorrow, the appeal and the application for stay will be considered and decided by the appellate authority preferably on the same day, in accordance

with law, as the petitioner is apprehending demolition of the subject premises, as in M.K. Ahmed's case (supra) liberty has been granted.

5.

With the aforesaid observation, the writ petition stands finally disposed of. No order as to cost(s).

6.

Certified copy today.