Poshan Lal v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 441 of 2019 Poshan Lal, S/o. Mr. Ghasiya Ram, Aged About 52 Years, R/o. House No. 13, Schoolpara, Arandi, Kondagaon, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh, Through Ministry Of Rural Administration & Development, Mahanadi Bhavan, Capital Comlex, Naya Raipur, Chhattisgarh.

2. Collector, District- Kondagaon, Chhattisgarh.

3. Tehsildar, Tehsil Office Keshkal, District- Kondagaon, Chhattisgarh. ---- Respondents For Petitioner :

Mr. Ankur Agrawal, Advocate For State/Respondents :

Mr. Rahul Jha, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 09.07.2019 1.

The impugned order is a notice for vacating the premises pursuant to an order passed by the Tahsildar, Keshkal, District Kondagaon in exercise of powers under Section 248 of the Chhattisgarh Land Revenue Code, 1959 (for short 'the Code, 1959').

2.

Petitioner has not challenged the original order passed under Section 248 of the Code, 1959. In the absence of challenge to the said order, the only challenge to the subsequent notice for vacating the premises is not maintainable. Even otherwise, the petitioner has a remedy of preferring an appeal under Section 44 of the Code, 1959 to challenge the original order passed in exercise of powers under Section 248 of the Code, 1959. Let the petitioner avail the alternative remedy within a period of one month from today.

3.

With the aforesaid observation, the writ petition stands disposed of. Sd/- Goutam Bhaduri Judge ashok