Kanhayi Ram v. Hajaru

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 498 of 2020

1. Kanhayi Ram, S/o Bhukhan Ram, Caste - Gond, R/o Village Karanki, Tehsil Lundra, District : Surguja (Ambikapur), Chhattisgarh ---- Petitioner

Versus

1. Hajaru, S/o Govind, Caste - Kolta, R/o Village Karanki, Tehsil Lundra, District : Surguja (Ambikapur), Chhattisgarh

2. Bhoomi Vikas Bank, Through Its Branch Manager, Branch Lundra, District : Surguja (Ambikapur), Chhattisgarh ---Respondents For Petitioner :

Mr. Sushil Dubey, Advocate For Respondents :

None :

adfasf Hon'ble Shri Justice P. Sam Koshy Order on Board 05.02.2020

1. The challenge in the present writ petition is to the order Annexure P1 dated 21.10.2019, whereby the application preferred by the petitioner under Section 170 B of the Chhattisgarh Land Revenue Code, 1959 has been rejected.

2. At the outset, this Court is of the opinion that the impugned order being an appealable order, the present writ petition in its present form would not be maintainable.

3. Reserving the right of the petitioner to prefer an appeal against the impugned order, the present writ petition stands disposed off, subject to the petitioner preferring an appeal, the Appellate Authority is expected to take a decision on its own merits in-accordance with the

-2law and the judgment of the Supreme Court in this regard preferably within a period of four months from the date of receipt of the appeal.

4. This Court has not expressed any opinion on the merits of the case, the authority concerned is expected to decide the same purely on the merits of the case.

5. The present Writ Petition, accordingly stands disposed off. Sd/- (P. Sam Koshy) Judge Rahul