Jayram Soneta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1594 of 2016 • Jayram Soneta S/o Late Goverdhan Das, Aged About 35 Years R/o Bijlipara, Ward No. 14, Charama, Tahsil Charama, District North Bastar Kanker (Chhattisgarh).

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Urban Administration And Development Department, Mahanadi Bhawan, Mantralaya, New Raipur (Chhattisgarh).

2. The Sub Divisional Officer (Revenue), Charama, District North Bastar Kanker (Chhattisgarh).

3. The Tahsildar, Charama, District North Bastar Kanker (Chhattisgarh).

4. The Chief Municipal Officer, Nagar Panchayat, Charama, District North Bastar Kanker (Chhattisgarh).

5. Damodar Lal Yadu S/o Late Kanhaiya Lal Yadu, Aged About 52 Years R/o Village & Tahsil Charama, District North Bastar Kanker (Chhattisgarh). ---- Respondent For Petitioner : Shri D.N. Prajapati, Advocate.

For Respondent/State : Shri PK Bhaduri, Govt. Advocate. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 27/06/2016

1. Admittedly, the order passed by the Tehsildar under Section 248 of the CG LR Code, 1959 has been challenged by the petitioner by preferring an appeal before the Sub Divisional Officer (Revenue), Kanker. In the said proceedings, interim order has also been passed on 19.5.2016 (AnnexureP/5).

2. This writ petition has been preferred during the pendency of the above-said appeal on submission that the SDO (Kanker) has informed the petitioner that his appeal would be dismissed within a week, therefore, the petitioner should obtain stay order from the High Court.

3. As long as his appeal is pending before the SDO (Revenue), Kanker, this writ petition is not maintainable, as two parallel proceedings cannot be initiated for the same cause of action.

4. The Writ Petition being devoid of any substance deserves to be and is hereby dismissed.

Sd/- Judge (Prashant Kumar Mishra) Barve