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High Court Of ChhattisgarhWPC/3082/2017dismissed

Mamanchand Agrawal v. State Of Chhattisgarh

2017-11-17Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3082 of 2017 Mamanchand Agrawal S/o Late Shri Pyarelal Agrawal, aged about 86 years, R/o Dabhara Road Kharsiya, Police Station & Tahsil Kharasiya, District Raipur Chhattisgarh, through the Special Power of Attorney Holder Bajrang Lal Agrawal S/o Mamachand Agrawal, aged about 62 years, R/o Dabhara Road Kharsiya, Police Station & Tahsil Kharasiya, District Raipur Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Revenue and Epidemic Department, Mahanadi Bhawan, Naya Raipur Distt. Raipur Chhattisgarh.

2. The Collector, Raigarh, District Raigarh Chhattisgarh.

3. The Tahsildar, Kharasiya, District Raigarh Chhattisgarh.

4. Bhagat Charitable Trust Kharasiya, District Raigarh Chhattisgarh, through the Manager- the Collector Raigarh, District Raigarh Chhattisgarh. ---- Respondents For Petitioner :

Mr. Rishi Rahul Soni, Advocate.

For Respondents/State :

Mr. Arun Sao, Dy. Advocate General.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 17/11/17 1.

Learned counsel appearing on behalf of petitioner would submit that the application filed by the petitioner under Sections 109, 110 read with Section 32 of the Chhattisgarh Land Revenue Code, 1959 before the respondent No. 3 - Tahsildar, Kharasiya, District Raigarh for mutation of his name in the revenue records has been rejected on 26.08.2017 by respondent No. 3 against which this writ petition has been preferred. 2.

I have heard learned counsel for the petitioner.

3.

Against the order of Tahsildar, Kharasiya dated 26.08.2017, this writ petition has been preferred whereas the petitioner has an alternative remedy to prefer an appeal before the Appellate Authority under Section 44 of the C.G. Land Revenue Code, therefore, the writ petition is not maintainable. 4.

It is accordingly dismissed. However, the petitioner would be at liberty to prefer an appeal before the Appellate Authority under the provisions of C.G. Land Revenue Code.

Sd/- (Sanjay K. Agrawal) Judge Priyanka