Shri Bihari Lal Kalar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2299 of 2020 Shri Bihari Lal Kalar Son Of Munnu Ram Aged About 72 Years Cast Kalar, R/o Village Kumarta, Tahsil Dharamjaygarh, District Raigarh (Chhattisgarh) ---- Petitioner

Versus

1.

State Of Chhattisgarh Through The Secretary Of The Revenue Department Capital Complex Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur (Chhattisgarh) 2.

The Collector Raigarh, District - Raigarh (Chhattisgarh) 3.

Sub Divisional Officer (R) Dharamjaygarh, District- Raigarh (Chhattisgarh) 4.

The Additional Tahsildar Kapu, Tahsil Kapu, District - Raigarh (Chhattisgarh) 5.

Shri Dilip Kumar Son Of Kashiram Cast Kalar, R/o Village Kumarta, Tahsil- Dharamjaygarh, District - Raigarh (Chhattisgarh) ---- Respondents For Petitioner :

Mr. Vikash Pandey, Advocate For State :

Mr. Mateen Siddiqui, Deputy A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 06/10/2020 1.

The challenge in the present writ petition is to the order passed by the Sub-Divisional Officer (Revenue), Dharamjaygarh, District Raigarh (Annexure P/1) dated 31.08.2020.

2.

At the first instance, this Court is of the opinion that the writ petition would not be maintainable at this juncture for the reason that the order under challenge is an order appealable under

Section 44(2) of the Chhattisgarh Land Revenue Code and the appeal would lie before the District Collector. 3.

In view of the same, the writ petition stands disposed of permitting the petitioner to prefer an appeal before the District Collector for ventilating his grievance.

4.

The petitioner is granted 10 days time to prefer an appeal before the District Collector and purely as an interim measure till the appeal is filed and is taken up for hearing by the District Collector, let status-quo in respect of the disputed property be maintained between all the parties.

5.

With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Ved