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High Court Of ChhattisgarhWPC/5243/2021disposed off

Madhav Saraf v. State Of Chhattisgarh

2021-12-17Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5243 of 2021 Madhav Saraf S/o Late Kamal Nayan, Aged About 48 Years By Caste Sonar, R/o Village Balouda, Tahsil Balouda, District Janjgir Champa Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Collector, Janjgir, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

2. Sub Divisional Officer (Revenue), Office Of Janjgir, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

3. The Tahsildar, Balouda, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh

4. Raja Ram S/o Ghurau Ram, Aged About 62 Years R/o Village Jhapeli, Police Station Balouda, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ---- Respondents For Petitioner/s :

Mr. Ajay Chandra, Advocate For State :

Mr. Ashish Tiwari, GA Hon'ble Shri Justice P. Sam Koshy Order on Board 17/12/2021 1.

Present writ petition has been filed seeking followign reliefs :- "That this Hon'ble Court may kindly be pleased to direct the respondent no.1 & 2 to strictly comply the dispossession order passed by the Tahsildar, Balouda District Janjgir-Champa(C.G.) and dispossess from the dispute land to the respondent no.4 i.e. Raja Ram in accordance with law, in the interest of justice."

2.

From the plain reading of the writ petition, it appears that the petitioner wants the High Court to exercise Writ Jurisdiction for execution of the order passed by the Tahsildar, Balouda, District Janjgir-Champa. This Court is of the firm view that the High Court under Writ Jurisdiction

cannot be treated into as execution Court for the execution of the order passed by the Revenue Authorities particularly that of the Tahsildar. In the event, if there is any order passed by the Tahsildar, if not complied with, the petitioner would be at liberty to approach the higher Authorities in the department under whom the Tahsildar discharges his duties. 3.

Reserving the right of the petitioner to avail such remedies in accordance with law the writ petition at this juncture stands disposed of as not sustainable.

Sd/- (P. Sam Koshy) Judge Rohit