Mohan Honap v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2280 of 2018 Mohan Honap, S/o Dattatraya Mahadev Honap, aged about 47 years, R/o - 9/1034 Near Shiv Mandir, Bhartiya Nagar, Bilaspur (C.G.) ---- Petitioner
Versus
1. State of Chhattisgarh, through the Secretary, Department of Revenue and Disaster Management, Mahanadi Bhawan, New Mantralaya, Naya Raipur (C.G.)
2. Collector, Bilaspur (C.G.)
3. Sub-Divisional Officer (Revenue), Bilaspur, District Bilaspur (C.G.)
4. Tahsildar, Bilaspur (C.G.) ---- Respondents For Petitioner :
Mr. Aman Kesharwani, Advocate.
For Respondents/State :
Mr. Arun Sao, Dy. Advocate General Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 13/08/18 1.
This writ petition has been preferred by the petitioner against the order dated 06.08.2018 passed by the Sub-Divisional Officer (Revenue), Bilaspur. 2.
Learned counsel appearing for the petitioner would submit that the impugned order is without jurisdiction and without authority of law and, therefore, it is liable to be set aside.
3.
On the other hand, learned State counsel submits that the order of SubDivisional Officer (Revenue) is appealable before the Collector. 4.
I have heard learned counsel for the parties. 5.
Be that as it may, since the order passed by the Sub-Divisional Officer (Revenue) is appealable before the Collector, this Court is not inclined to entertain this writ petition. However, if appeal is preferred by the petitioner
before the Appellate Authority, in that event, the Appellate Authority shall consider and do well to decide the petitioner's said appeal expeditiously, preferably within a period of two months from the date of receipt of filing of the appeal after hearing the affected parties. Petitioner would also be at liberty to file an application for stay before the Appellate Authority that will be considered and decided within a period of one week from the date of filing of said application.
6.
With the aforesaid observation, the writ petition stands finally disposed of. No order as to cost(s).
SD/- (Sanjay K. Agrawal) Judge Priyanka