Mamta Kankrane v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1047 of 2021 • Mamta Kankrane W/o Shri Govind Kankrane Aged About 50 Years Caste Lodhi, Occupation Agriculture, R/o Village Manpur , Tahsil Manpur , District Rajnandgaon Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Revenue , Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh

2. The Collector Rajnandgaon , District Rajnandgaon Chhattisgarh

3. The Sub Divisional Officer (Revenue) Mohla, District Rajnandgaon Chhattisgarh

4. The Tahsildar Manpur , District Rajnandgaon Chhattisgarh

5. Gram Panchayat Manpur , Through Its Secretary, Block Manpur , District Rajnandgaon Chhattisgarh ---- Respondents For Petitioner :

Shri Punit Ruparel, Advocate For Respondents/State :

Shri Akash Pandey, PL Hon'ble Shri Justice Goutam Bhaduri Order 22/02/20

1. Heard.

2. The challenge in this petition is to the order dated 15.01.2021 passed by the Tehsildar, whereby the petitioner, being an encroahcer, has been directed to be evicted.

3. Learned counsel for the petitioner would submit that the order impugned is a non-speaking and no reason has been assigned, therefore, the same may be

quashed.

4. Considering the fact that the order impugned is passed by the Tehsildar and as per Section 44 of the C.G. Land Revenue Code, 1959, the said order would be appealable before the Sub Divisional Officer as the Tehsildar would be subordinate to the Sub Divisional Officer. Therefore, since the statutory alternative remedy is provided, I am not inclined to entertain this petition.

5. Accordingly, the petition is dismissed. However, the petitioner may avail the statutory alternative remedy.

6. Registry is directed to return the certified copy of the order Annexure P-1 after retaining photocopy of the same.

SD/-Sd/- Goutam Bhaduri Judge Ashu