Ramlal v. Salim Kazi
HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3416 of 2019
1. Ramlal, S/o. Late Bir Singh Gond, Aged About 58 Years, R/o. Behind Petrol Pump, Koni, Revenue Circle Bilaspur, Police Station & Tahsil Bilaspur, District Bilaspur, Chhattisgarh.
2. Sunil Lakra, S/o. Late Jai Mashi Lakra, Aged About 58 Years, R/o. F 1/4 Meena Bazar Mungeli Naka, Bilaspur, Tahsil & District Bilaspur, Chhattisgarh ---- Petitioners
Versus
1. Salim Kazi, S/o. Azemuner Ansari, Aged About 58 Years, R/o. D-39 Aggaye Nagar, Bilaspur, Tahsil & District Bilaspur, Chhattisgarh
2. Sub Divisional Officer Bilaspur, District Bilaspur, Chhattisgarh
3. Additional Collector Bilaspur, District Bilaspur, Chhattisgarh
4. State Of Chhattisgarh Through Collector, Bilaspur, Chhattisgarh. ---- Respondents For Petitioner : Mr. Sunil Lakra & Mr. Ajay Lakra, Advocates For Respondent No.1 : Mr. Salim Kazi, In Person.
For State/Respondents : Mrs. Astha Shukla, Panel Lawyer No.3 to 4.
Hon'ble Shri Justice Goutam Bhaduri Order On Board 24.09.2019 Heard.
1.
The present petition is against the order dated 04.07.2019 passed by the Additional Collector, Bilaspur in Revenue Case No.21/A-23/2016-17. 2.
It was the second round of litigation when the case was remanded from the Board of Revenue, the S.D.O. after re-hearing by order dated 11.07.2016 has given finding in favour of the Respondent. Subsequent appeal having been filed against such order of S.D.O., the Collector by the impugned order dated 04.07.2019 has affirmed the finding of the S.D.O. and dismissed the appeal.
3.
Since the germane of the issue is from Section 170-B of the Land Revenue Code, the second appeal would be barred as per Section 170-D of the Land Revenue Code. Consequently, the petitioner has an alternative remedy to file revision before the Board of Revenue. Since the statutory revisional remedy is available, I am not inclined to exercise the writ jurisdiction under Article 226 of the Constitution of India. Accordingly, the writ petition is dismissed.
Sd/- Goutam Bhaduri Judge ashok