Chattisgarh High Court
Jagmohan Singh Saluja vs State Of Chhattisgarh on 6 May, 2024
1
Neutral Citation
2024:CGHC:16493
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 2441 of 2024
Jagmohan Singh Saluja S/o Bodh Singh Aged About 62 Years R/o
Gondpara, Bilaspur (Chhattisgarh)
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Department Of
Revenue And Disaster Management, Mahanadi Bhawan,
Mantralaya, Police Station And Post - Rakhi, Nawa Raipur, Atal
Nagar, District Raipur (C.G.)
2. Collector District Kabirdham (C.G.)
3. Sub - Divisional Officer (Revenue), Kawardha District Kabirdham
(C.G.)
4. Tehsildar Tehsil Kawrdha, District Kabirdham (C.G.)
5. Arun Singh S/o R.K. Singh R/o 27 Kholi, Bilaspur (C.G.)
6. Jainendra S/o Prithivi Raj Jain Vastralay Azad Chowk, Kawardha
(C.G.)
---- Respondents
(Cause-title taken from Case Information System) For Petitioner : Mr. Swajeet Singh Ubeja, Advocate For State : Mr. Vedant Shadangi, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 06.05.2024 Heard.
1) The petitioner has filed this petition seeking the following relief (s) :
"10.1 This Hon'ble Court may be pleased to issue a writ in the nature of mandamus to set aside/quash order dated 11.03.2024 passed by respondent No.4. 10.2 This Hon'ble Court may be pleased to issue a writ of mandamus directing the respondent No.4 to carry out the proceedings of demarcation of Khasra No.72/54 belonging to the petitioner afresh within a period of 3 months.
10.3 This Hon'ble Court may be pleased to issue a writ against respondent State to compensate the petitioner for the unlawful conduct the petitioner was subject to.
Neutral Citation -2- 2024:CGHC:16493 10.4 Any other relief as deemed fit by this Hon'ble Court."
2) Learned counsel appearing for the petitioner would submit an application under Section 129 of the Chhattisgarh Land Revenue Code, 1959 was moved before the Tehsildar, Kawardha, District-Kabirdham (C.G.) for demarcation of Survey No72/8, admeasuring area 0.016 hectares situated at Village-Kawardha, Patwari Circle No.3, Tahsil & District Bilaspur (C.G.) and the same was rejected vide order dated 11.03.2024.
3) At this stage, Mr. Shadangi, learned Panel Lawyer appearing for the State would submit that the order passed by the Tehsildar is appealable before the Appellate Authority according to the provisions of the Chhattisgarh Land Revenue Code, 1959. He would lastly submit that the present petition is not maintainable as an efficacious alternative remedy is available in favour of the petitioner.
4) Taking into consideration the fact that the order is appealable according to the provisions of the Chhattisgarh Land Revenue Code, 1959, at this juncture, the present petition is dismissed as there is an efficacious alternative remedy of filing of an appeal before the Appellate Authority.
Sd/-
(Rakesh Mohan Pandey) Judge Rekha