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High Court Of ChhattisgarhWPC/658/2018disposed off

Vikas Kumar Bhendia v. State Of Chhattisgarh

2018-03-20Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 658 OF 2018 Vikas Kumar Bhendia S/o Shri R. K. Bhendia, Aged About 33 Years, R/o Village Piparchedi, Tehsil Balod, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh ---- Petitioner

Versus

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

2. District Collector, Janjgir- Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

3. Sub- Divisional Officer, (Revenue), Dabhara, District Janjgir- Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

4. Tahsildar, Dabhara, District Janjgir- Champa, Chhattisgarh., District : JanjgirChampa, Chhattisgarh

5. NTPC Lara Super Thermal Power Project, Through The Additional General Manager (Land Acquistion), Chhapora, Tahsil Pusaur, District- Raigarh, Chhattisgarh.

---- Respondents And Writ Petition (C) No. 767 OF 2018 Jatin Bhendia S/o Shri R. K. Bhendia, aged about 31 years, R/o Village Piparchedi, Tehsil Balod, District Durg, Chhattisgarh. ---- Petitioner

Versus

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

2. District Collector, Janjgir- Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

3. Sub- Divisional Officer, (Revenue), Dabhara, District Janjgir- Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

4. Tahsildar, Dabhara, District Janjgir- Champa, Chhattisgarh., District : JanjgirChampa, Chhattisgarh

5. NTPC Lara Super Thermal Power Project, Through The Additional General Manager (Land Acquistion), Chhapora, Tahsil Pusaur, District- Raigarh, Chhattisgarh.

---- Respondents For Petitioners :

Mr. Amrito Das, Advocate.

For Respondents/State :

Mr. Ashish Surana, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 20/03/18 1.

Learned counsel appearing for the petitioners would submit that their case is covered by the decision rendered by this Court in WPS No. 104/2016, Pawan Sharma v. State of Chhattisgarh & Others decided on 23.12.2016. 2.

Mr. Surana, learned Panel Lawyer appearing for the State would submit that in this case, after grant of permission from the Sub-Divisional Officer to Tahsildar to review the order, the Tahsildar has already reviewed the order on 25.05.2015, therefore, the appropriate remedy for the petitioner is to file an appeal against the order of Tahsildar.

3.

Be that as it may, since the order has already been reviewed, the petitioner is at liberty to approach the jurisdictional civil Court questioning that order in appellate or revisional jurisdiction, as the case may be. If such an appeal is preferred by the petitioner within a period of 30 days from today then, the appellate authority shall do well to consider and dispose of the appeal expeditiously in accordance with law.

4.

With the aforesaid observations, the writ petition stands finally disposed of.

Certified copy of the impugned order be returned to the counsel for the petitioner on furnishing attested photo copy thereof. Sd/- (Sanjay K. Agrawal) Judge Priyanka