Vishwash Singh Rajput v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 5011 of 2021

1. Vishwash Singh Rajput S/o Shri Laxman Singh Rajput Aged About 41 Years R/o Bandhamuda Housing Board Colony, House No. 23, Gaurella Pendra Raod, District- Gaurella Pendra Marwahi, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mahanadi Bhawan, Nava Raipur Atal Nagar, Chhattisgarh

2. Collector District- Gaurella Pendra Marwahi, Chhattisgarh

3. Sub-Divisional Magistrate (Revenue) Pendra Road, District- Gaurella Pendra Marwahi, Chhattisgarh

4. Tahsildar Tehsil- Pendra Road, District- Gaurella Pendra Marwahi, Chhattisgarh

5. Mission Higher Secondary School Pendra Road, Tehsil Pendra Road, District- Gaurella Pendra Marwahi, Chhattisgarh Through The Principal, Mission Higher Secondary School, Pendra Road, Tehsil Pendra Road, District- Gaurella Pendra Marwahi, Chhattisgarh ----Respondents For Petitioner :

Mr. Harshmander Rastogi, Advocate.

For State :

Mr. Ashish Tiwari, G.A.

Hon'ble Shri Justice P. Sam Koshy Order On Board 10.12.2021

1. Challenge in the present writ petition is to the impugned order (Annexure P/1) dated 22.11.2021 whereby the Tahsildar Tehsil Pendra Road, District Gaurella Pendra Marwahi, has ordered for dispossession of the petitioner from the property in their possession and to handover

the peaceful possession on the said property to the respondent No. 5 in the present writ petition.

2. Considering the fact that the order is one which has been passed invoking the provision of Section 260 of the Chhattisgarh Land Revenue Code and also taking note of the fact that the said Code specifically provides for an appeal against the order passed by the Revenue authorities, the present writ petition thus would not be maintainable as there is an alternative efficacious statutory remedy available to the petitioner.

3. In view of the same, reserving the right of the petitioner to avail the statutory efficacious alternative remedy provided under the Chhattisgarh Land Revenue Code, the present writ petition in its present form stands dismissed as not maintainable. Subject to the petitioner preferring an appeal, the Appellate Authority is expected to take a decision on its own merits in accordance with law. Sd/- P. Sam Koshy Judge Jyoti