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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPCR No. 207 of 2024
1 - Habib Bhai S/o Abdul Gaffar, Aged About 35 Years R/o Village
Dhawalpurdeeh, Tahsil Gariyaband, District Gariyaband Chahttisgarh.
2 - Gulam Memon S/o Mohd. Ekbal Memon, Aged About 36 Years
R/o Village Mainpourkhurd, Tahsil Mainpur, District Gariyaband Chhattisgarh.
---- Petitioners
Versus
1 - State Of Chhattisgarh Through Collector Gariyabnd, District Gariyaband
Chhattisgarh.
2 - Sub Divisional Officer (Rev) Gariyaband, District Gariyaband Chhattisgarh.
3 - Man Singh, S/o Ganesh R/o Village Pargaondeeh, Tahisl Gariyaband,
District Gariyaband Chhattisgarh.
4 - Rabiram S/o Dashmat Rawat At Present R/o Village Sabebin Kachhar,
Tahsil Mainpur, District Gariyaband Chhattisgarh.
5 - Pramand S/o Kalakar (Now Dead) Through Legal Heirs Khemalal, S/o
Parmanand R/o Dhawalpurdeeh, Tahsil Gariyaband, District Gariyaband
Chhattisgarh.
6 - Revenue Inspoector, Revenue Circle Bindra Nawagarh, Tahsil Gariyaband,
District Gariyaband Chhattisgarh.
---- Respondents
(Cause-title taken from Case Information System)
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For the petitioners : Ms. Itu Rani Mukherjee, Advocate
For respondent /State : Mr. Sangharsh Pandey, Govt. Adv.
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Hon'ble Mr. Ramesh Sinha, Chief Justice
Hon'ble Mr. Sachin Singh Rajput, Judge
Order on Board
Per Ramesh Sinha, Chief Justice
28.06.2024
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1. The petitioners have filed the instant petition with the following
prayer:-
“ (i) That, this Hon’ble Court may kindly be pleased to call for
the entire records pertaining to the petitioners’ s case
(ii) That, this Hon’ble Court may kindly be pleased to issue writ/
or writs/ order/ or orders, to quash the impugned order dated
12.02.2024 (Annexure P-1) passed by the Collector/respondent
No.1, in the interest of justice.
(iii) Any other relief which may be suitable in the facts and
circumstances of the case including cost of the petition, may
also be granted.”
2. In this writ petition, the petitioners are seeking to quash the impugned
order dated 12.02.2024 passed by the Collector/respondent No.1.
3. Learned counsel for the petitioners pray for withdrawal of this writ
petition.
4. Learned State counsel, on the other hand, opposes the submissions
made by learned counsel for the petitioners and submits that the petition is
liable to be dismissed at threshold as the same is not maintainable.
5. On perusal of records, it is reflected that against the impugned order
passed by the Collector District Gariyaband (CG) dated 12.02.2024, the
petitioners herein earlier filed a petition bearing WPC No.1588 of 2024. As
the impugned order was appealable under Section 44 of C.G. Land
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Revenue Code, 1959 (for short “Code of 1959”), the petitioners sought
withdrawal of the writ petition with liberty to avail remedy available under
the law. WPC No.1588/2024 was accordingly disposed of reserving the
liberty in favour of the petitioners to prefer an appeal before the appropriate
authority vide its order dated 18.03.2024.
6. Considering the facts and circumstances of the case, after perusal of
record it appears that instead of filing an appeal under Section 44 of the
Chhattisgarh Land Revenue Code, 1959, the present writ petition has been
filed which is not maintainable, therefore, we are inclined to dismiss this
petition with cost of Rs.10,000/- for wasting the valuable time of the
Court. The cost should be deposited within a period of one month to the
High Court Legal Service Committee failing which it shall be recovered
as arrears of Land Revenue Code from the petitioners.
7. Thus the prayer for withdrawal of the petition is rejected and the
petition is dismissed with the aforesaid observations.
to l Sd/- Sd/-
(Sachin Singh Rajput) (Ramesh Sinha)
Judge Chief Justice
Parul