High Court Of ChhattisgarhWPC/1696/2015dismissed

Smt. Sima Datta v. State Of Chhattisgarh

2015-09-21Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1696 of 2015

1. Smt. Sima Datta W/o Dulal Datta, Aged About 29 Years Caste Kayast, R/o P. V. 90, Tahsil Pakhanjur, Thana Pakhanjur, Civil And Revenue District Uttar Bastar Kanker, (Chhattisgarh)

2. Smt. Aparna Sarkar, W/o Niranjan Sarkar, Aged About 28 Years R/o P. V. 85, Tahsil Pakhanjur, Thana Pakhanjur, Civil And Revenue District Uttar Bastar, Kanker (Chhattisgarh) ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhawan, New Raipur, Mantralaya, New Raipur, Civil And Revenue District Raipur, (Chhattisgarh)

2. State Of Chhattisgarh, Through The Collector, Uttar Bastar Kanker, Civil And Revenue District Uttar Bastar, Kanker (Chhattisgarh)

3. Smt. Sukrita Poddar, W/o Uttam Poddar, Caste Namoshudra, R/o P. V. 81 Bande, Tahsil Pakhanjur, Thana Pakhanjur, Civil And Revenue District Uttar Bastar, Kanker, (Chhattisgarh)

4. Harari Poddar, S/o Late Nakul Poddar, Caste Namoshudra R/o P. V. 81, Tahsil Pakhanjur, Thana Pakhanjur, Civil And Revenue District Uttar Bastar, Kanker, (Chhattisgarh) ---- Respondents For Petitioners.

: Shri Punit Ruparel, Advocate.

For Respondent/State.

: Shri Dilman Rati Minj, Dy. Government Advocate.

Order On Board 21/09/2015 Heard.

(1) This petition has been filed ventilating grievance that during enquiry, appropriate opportunity to lead oral & documentary evidence was not afforded. Impugned order shows that the petitioners were noticed and their counsel participated in the proceeding, thereafter, the order has been passed by the Collector. Therefore, it cannot be said to be a case where the petitioner was not heard at all. All other illegality pointed out is of such nature which can be raised by the petitioner by filing statutory appeal under the provisions contained in Land Revenue Code.

(2) In the aforesaid circumstances, I am not inclined to entertain this petition. Accordingly, the writ petition is hereby dismissed. However, the petitioner is at liberty to file appeal under the statutory provisions of Land Revenue Code in accordance with law. (3) At the request of learned counsel for the petitioner, certified copy of Annexure P-1 be returned to him after retaining photocopy of the same. Sd/- Manindra Mohan Shrivastava Judge amita