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High Court Of ChhattisgarhWPC/184/2018disposed off

Yogendra Kumar Agrawal v. State Of Chhattisgarh

2018-01-24Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 184 of 2018

1. Yogendra Kumar Agrawal S/o Shri S. K. Agrawal, Aged About 36 Years, R/o Behind Sindhi School, Ramsagar Para, Raipur Tahsil And District Raipur, Chhattisgarh.

2. Pramod Kumar Jain S/o Late Shri Hazari Lal Jain, Aged About 48 Years, R/o Bhainsthan Road, Raipur Tahsil And District Raipur Chhattisgarh.

3. Vinay Kumar Agrawal S/o Late Shri Chandrabhan Ji Agrawal, Aged About 49 Years, R/o Kharsiya Tahsil Kharisya District Raigarh Chhattisgarh. ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary Department Of Revenue And Disaster Management Indravati Bhavan Mantralaya New Raipur Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Director, Nagar Tatha Gram Nivesh, Indravati Bhawan Naya Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. The Naib Tahsildar Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondents For Petitioners :

Mr. Prateek Sharma, Advocate.

For Respondents/State :

Mr. B. Gopa Kumar, Dy. Advocate General.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 24/01/18 1.

This writ petition has been preferred by the petitioners being aggrieved by the order dated 31.03.2017 (Annexure - P/1) passed by respondent No. 3 - Naib Tahsildar, Raipur rejecting the application for mutation of land in the name of petitioners.

2.

Learned counsel appearing on behalf of petitioners would submit that the impugned order is unsustainable and bad in law as the same has been passed without any authority or jurisdiction of law.

3.

At this stage learned State counsel would submit that the impugned order is appealable before the Appellate Authority under Section 44 of the Land Revenue Code, 1959.

4.

I have heard learned counsel for the parties. 5.

Since the order rejecting the application for mutation of land in the name of petitioners is appealable before the Appellate Authority under Section 44 of the Land Revenue Code, 1959, I am not inclined to entertain this writ petition.

6.

Accordingly, the writ petition deserves to be and is hereby dismissed. However, the petitioners are at liberty to prefer an appeal before the Appellate Authority in accordance with law.

Sd/- (Sanjay K. Agrawal) Judge Priyanka