Smt Phool Bai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WA No. 751 of 2018 • Smt Phool Bai W/o Shri Sanjay Kumar Sahu Aged About 48 Years R/o Lrrigation Rampur Korba, Police Station- Rampur, Tahsil and District- Korba, Chhattisgarh.

---- Appellant

Versus

1. State Of Chhattisgarh Through Secretary, Water Resources Department, Mahanadi Bhawan, Naya Mantralaya, Naya Raipur, District- Raipur, Chhattisgarh.

2. Executive Engineer Hasdeo Baraj Jal Prabandh Division, Rampur, Korba, District- Korba, Chhattisgarh.

3. Sub-Divisional Officer Hasdeo Barraj Jal Prabandh Sub-Division, Darri, Korba, District- Korba, Chhattisgarh.

--- Respondents For Appellant/s : Mr. Vinod Deshmukh, Advocate D.B.: Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order on Board Per Manindra Mohan Shrivastava, J.

12/07/2021 Heard.

Even though number of grounds are raised in this appeal, this Court finds that essentially the order passed on 31.07.2018 by the learned Single Judge is an order passed in exercise of Supervisory Jurisdiction under Article 227 of the Constitution of India and therefore, considering the settled legal position and also keeping in view the Full Bench decision of this Court passed in the matter of WPC No. 2193 of 2014 (High Court Bar Association Through its Secretary, Chhattisgarh v. STATE OF CHHATTISGARH AND OTHERS) on 06-08-2015, this appeal is not maintainable against the said order. We are of the opinion that there is no element involved in the case to

construe that the petition was not only under Article 227 but also under Article 226 of the Constitution of India. Accordingly, the appeal is dismissed as not maintainable. Sd/- Sd/- (Manindra Mohan Shrivastava) (Vimla Singh Kapoor) Judge Judge Pawan Prajapati