Sitaram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 550 of 2015 Sitaram S/o Ram Dayal, Aged About 46 Years R/o Village Amaldiha, Tahsil Masturi, District Bilaspur (Chhattisgarh) ---- Appellant

Versus

1. State Of Chhattisgarh Through : The Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhawan, Naya Raipur (Chhattisgarh)

2. The Board Of Revenue, Chhattisgarh, Bilaspur Chhattisgarh.

3. The Collector, District Bilaspur (Chhattisgarh)

4. The Sub Divisional Officer (Revenue), Bilaspur, District Bilaspur (Chhattisgarh)

5. The Tahsildar, Masturi, District Bilaspur (Chhattisgarh)

6. Tikaram, S/o Dayaram, By Caste Ganda, R/o Village Amaldiha, Tahsil Mastruti, District Bilaspur (Chhattisgarh) ------Respondents For Appellant:

Smt Renu Kochar, Advocate.

For Respondents/State:

Shri UNS. Deo, Government Advocate.

Hon'ble The Chief Justice Hon'ble Shri Justice P. Sam Koshy Judgment on Board Per Navin Sinha, Chief Justice 27/11/2015 1.

The present appeal arises from order dated 15.6.2015 declining to entertain Writ Petition (S) No.2027/2015 in view of the alternate statutory remedy of appeal available before the Appellate Authority against the order of the Tahsildar giving time bound directions.

2.

The primary grievance of the Appellant appears to be that the Tahsildar did not comply with the directions in Writ Appeal No.66/2009 dated 14.6.2012. 3.

We are satisfied that the ground can well be urged before the Appellate Authority to find fault in the decision making process. Whether the orders stand vitiated on that ground or not can well be examined by the Appellate Authority.

4.

It is settled law that if an alternate statutory remedy is available, there have to be extraordinary circumstances to by-pass the same and entertain Writ Petition directly.

5.

We do not find the present to be such a case. The appeal is disposed in terms of the observations made by the Learned Single Judge. Sd/- Sd/- (Navin Sinha) (P. Sam Koshy) CHIEF JUSTICE JUDGE Priya