K.M. Manwel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 6 of 2017 K.M. Manwel S/o Shri K. M. Matai, Aged About 65 Years R/o Q. No. 547, In Front Of Govt. College, Rajgamar Road, Kosabadi, Korba, Tahsil Korba, Civil & Revenue District Korba (Chhattisgarh) ---- Appellant

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhawan New Raipur, Civil & Revenue District Raipur (Chhattisgarh)

2. The Collector, Korba, Civil & Revenue District Korba (Chhattisgarh)

3. The Tahsildar Korba, Civil & Revenue District Korba (Chhattisgarh)

4. The Najul Adhikari Korba, Civil & Revenue District Korba (Chhattisgarh)

5. The Commissioner, Municipal Corporation Korba, Tahsil Korba Civil & Revenue District Korba (Chhattisgarh) ---- Respondents For Appellant : Shri Paras Mani Shrivas, Advocate.

For Respondent/State : Shri Arun Sao, Deputy Advocate General. Hon'ble Shri Deepak Gupta, Chief Justice Hon'ble Shri Sanjay Agrawal, J.

Order on Board Per Deepak Gupta, Chief Justice 16/01/2017 1.

This appeal is directed against the order dated 30.11.2016 passed by Learned Single Judge of this Court in WPC No.2921 of 2016 whereby the writ petition has been dismissed filed by the writ Petitioner on two grounds. Firstly that the Petitioner has only challenged the communication dated 23.5.2016 but has not challenged the order dated 20.5.2016 on the basis of this communication has been issued. Secondly that the Petitioner has an efficacious alternative remedy for filing an appeal.

2.

Learned Counsel for the Appellant/writ Petitioner states that he has already filed an appeal.

3.

If that be so, he cannot avail two remedies, one by filing an appeal or other by filing a writ petition. Therefore, the writ appeal is dismissed. Sd/- Sd/- (Deepak Gupta) (Sanjay Agrawal) CHIEF JUSTICE JUDGE Anu