Jitendra Kumar Diwan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP(C) No. 1094 of 2020 Jitendra Kumar Diwan S/o Kunjlal Diwan, Aged About 46 Years R/o Champajhar, Tahsil Abhanpur, District Raipur At Present R/o Vindhya Vasini Nagar, Rajim Road, Abhanpur, District Raipur Chhattisgarh, ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Collector, District Raipur Chhattisgarh

2. The Commissioner, Raipur Division, Raipur Chhattisgarh

3. The Sub Divisional Officer (Revenue), Abhanpur, District Raipur Chhattisgarh

4. The Naib Tahsildar, Gobra Nawapara, District Raipur Chhattisgarh

5. Yogendra S/o Late Prakashnarayan Diwan, R/o Champajhar, Tahsil Abhanpur, District Raipur Chhattisgarh ----Respondents For Petitioner :

Mr. Kamlesh Kumar Pandey, Advocate.

For State :

Ms. Sunita Jain, G.A.

Ff Fop Fo s For .

Hon'ble Shri Justice P. Sam Koshy Order on Board 10/08/2020

1. The challenge in the present writ petition is to the order passed by the Sub Divisional Officer Abhanpur, District Raipur in Revenue Appeal case No. 59 A / 6(A) /2016-17.

2. At the outset, this Court is of the opinion that the said impugned order passed by the Sub Divisional Officer is in order which is revisable before the Divisional Commissioner and without availing the said remedy the petitioner has approached this Court. Accordingly, this Court is of the view that the writ petition at this juncture would not be sustainable on account of there being statutory alternative remedy available. Reserving the right of the petitioner to approach the

Revisional Authority under the provisions of Chhattisgarh Land Revenue Code.

3. In the event if the petitioner approaches the Court, it is expected that authorities shall decide the same in accordance with law at the earliest.

4. The present writ petition in its present form stands disposed of. Sd/- (P. Sam Koshy) Judge Jyotijha