Shyam Kumar v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WA No. 454 of 2018 • Shyam Kumar S/o Shri Ratan Singh Chandra Aged About 35 Years R/o Village Satgarh, Tahsil Malkharoda, District Janjgir Champa Civil And Revenue District Janjgir Champa Chhattisgarh ---- Appellant
Versus
1. State Of Chhattisgarh Through Collector , Raigarh District Raigarh Chhattisgarh
2. Sub Divisional Officer , ( Revenue ) Raigarh District Raigarh Chhattisgarh
3. Tahsildar Raigarh District Raigarh Chhattisgarh ---- Respondents ---------------------------------------------------------------------------------------------------------- For Appellant :
Shri MK Sinha, Advocate For Respondents/ State :
Shri PN Bharat, Additional Advocate General ----------------------------------------------------------------------------------------------------------- Hon'ble Shri Thottathil B. Radhakrishnan, Chief Justice Hon'ble Shri Justice Sharad Kumar Gupta Judgment on Board Per Thottathil B. Radhakrishnan , Chief Justice 02.05.2018 1.
We have heard the learned counsel for the appellant/Writ Petitioner and the learned Additional Advocate General.
2.
The Writ Petitioner challenged the cancellation of mutation. The learned Single Judge found that the said order was appealed against and the appellate order is revisable under Section 50 of the Chhattisgarh Land Revenue Code. In view of the availability of such alternate statutory remedy, we cannot but concur with the learned Single Judge that the appellant has to take recourse to that rather than invoke Writ jurisdiction. We do not find any infirmity or legal error in the discretion exercised by the learned Single Judge in refusing to interfere under Article 226 of the
wa 454 of 2018 Constitution of India, on the facts and in the circumstances of the case. This Writ appeal, therefore, fails.
3.
Accordingly this appeal is dismissed without prejudice to the other proceedings as indicate in the Writ Petition. Sd/- Sd/- (Thottathil B. Radhakrishnan) (Sharad Kumar Gupta) Chief Justice Judge padma