Dayaram Gond v. The Collector Bemetara

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No.101 of 2018

1. Dayaram Gond S/o Shri Sadhuram Gond Aged About 78 Years R/o Village Badnara Patwari Halka No. 18 , Rajaswa Nirikshak Mandal Maro , Tahsil Nawagarh District Bemetara Chhattisgarh , Present Address Village Post Anda Tahsil Pathariya District Mungeli Chhattisgarh. , Chhattisgarh

2. Parakhchand Satnami S/o Shri Rameshwar Satnami Aged About 34 Years R/o Village Badnara Patwari Halka No. 18 Rajaswa Nirikshak Mandal Maro , Tahsil Nawagarh District Bemetara Chhattisgarh. , District : Bemetara, Chhattisgarh ---- Petitioners

Versus

1. The Collector Bemetara District Bemetara Chhattisgarh. , Chhattisgarh

2. The Sub Divisional Officer Nawagarh District Bemetara Chhattisgarh.

3. The Nayab Tahsildar , Up Tahsil Nandghat District Bemetara Chhattisgarh.

---- Respondents For Petitioners : Mr. Rishi Rahul Soni, Advocate For State : Mr. Ashish Surana, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 15/01/2018 (1) Learned counsel appearing for the State/respondents would submit that the petitioners have an alternative remedy to file an appeal before the Commissioner against the impugned order dated 05.10.2017.

(2) At this stage, learned counsel appearing for the petitioners would submit that the petitioners may be permitted to prefer an

appeal before the Commissioner within a period of three weeks from today.

(3) The prayer appears to be fair and reasonable. (4) The writ petition is accordingly disposed of with a direction to the petitioners to prefer an appeal before the Commissioner. If such the appeal is filed by the petitioners before the Commissioner within a period of three weeks from today, in that event the said authority shall consider and decide the same, strictly in accordance with law, after affording proper opportunity of hearing to the parties expeditiously within a period of ten weeks from the date of filing of appeal.

Sd/- (Sanjay K. Agrawal) Judge L/-