Vrindra Lal Dhivar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2468 of 2018 • Vrindra Lal Dhivar S/o Shri Ganesh Ram Dhivar Aged About 53 Years R/o Village Post Office, Police Station and Tahsil Malkharauda, Civil and Revenue District Janjgir Champa, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Government Of Chhattisgarh, Mahanadi Bhawan, New Raipur, Civil And Revenue District Raipur, Chhattisgarh

2. Collector Janjgir, Civil and Revenue District Janjgir Champa, Chhattisgarh

3. Sub Divisional Officer (Revenue) Sakti, Civil and Revenue District Janjgir Champa, Chhattisgarh ---- Respondents For Petitioner Shri Ramesh Nayak, Advocate For Respondent-State Shri Rajendra Tripathi, PL Hon'ble Justice Mr. Prashant Kumar Mishra Order On Board 10/09/2018 1.

In the earlier round of litigation, the matter travelled up to the Commissioner, Bilaspur Division, who passed an order on 24.05.2018 granting interim order in favour of the petitioner, which was subsequently vacated, against which the petitioner preferred WPC No.1966/2018. In the said writ petition, this Court passed an order on 19.07.2018 directing the Collector, JanjgirChampa to hear the appeal finally within 2 weeks from the date of production of certified copy of the order.

2.

By the present impugned order dated 20.08.2018, the Collector, Janjgir-Champa has dismissed the petitioner's appeal, which is apparently revisable before the Commissioner, Bilaspur Division, before whom one of the parties had earlier approached giving rise to the previous writ petition. If the petitioner could avail the remedy before the Commissioner in the previous round of litigation, there is no reason why he should bypass the remedy and prefer the present writ petition directly. 3.

The writ petition is dismissed on the ground of availability of remedy. Let the petitioner avail the remedy within a month. Sd/- Prashant Kumar Mishra Judge Nirala