High CourtsSingle Bench(2019) 10 CHH CK 0156

Mahadeo Das vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 21 October 2019

HON’BLE JUDGES
Ram Prasanna Sharma, J
RESULT
Disposed Of
CASE NUMBER
Criminal Appeal (CRA) No. 31 Of 2011

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Judgment

13 paragraphs · 232 words

Ram Prasanna Sharma, J

1.

This appeal is preferred under Section 454 of Code of Criminal Procedure, 1973, against order dated 8 th November, 2010 (regarding disposal of

property) passed by Sessions Judge, Janjgir-Champa (C.G.) in Session Case No. 93/2010 wherein the said Court directed that application for grant of

succession certificate should be filed within one year time to acquire the property, which is seized in this case and if no application is filed within a

year then the property shall be vested in State Government.

2.

Admittedly, the property belongs to the deceased Narayan @ Gopal and Fulbai W/o- Narayan Rathore, both were died having no successor. The

Trial Court directed that an application for grant of succession certificate be filed within a year time otherwise property shall be vested in the State

Government. As per the appellant, he filed an application for grant of succession certificate before the Civil Judge, Class-I, Janjgir-Champa (C.G.) and

the case has been registered as Succession Case No. 26/2010.

3.

Considering the facts and circumstances of the case, it is made clear that 1 year period for grant of succession certificate as directed by the Trial

Court shall not come in the way of legal proceeding for any application filed for grant of succession certificate and it may be filed beyond one year

time.

4.

With this above observation, the appeal stands disposed of.