Suraj Bai vs State Of Chhattisgarh 52 Mcc/70/2019 ... on 6 February, 2019

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Chattisgarh High Court

Suraj Bai vs State Of Chhattisgarh 52 Mcc/70/2019 ... on 6 February, 2019

Bench: Prashant Kumar Mishra

                                                                NAFR

       HIGH COURT OF CHHATTISGARH, BILASPUR

                      WPC No. 373 of 2019

    Suraj Bai W/o Late Dayal Aged About 62 Years R/o Paraghat
      Post   Jairamnagar,     Tahsil   Masturi,   District   Bilaspur,
      Chhattisgarh.

                                                     ---- Petitioner

                              Versus

   1. State Of Chhattisgarh Through The Secretary, Department
      Of Revenue Mahanadi Bhavan, Mantralaya, Atal Nagar
      Raipur, Chhattisgarh., District : Raipur, Chhattisgarh.

   2. The Tahsildar Masturi, District Bilaspur, Chhattisgarh.

                                                  ---- Respondents

For Petitioner : Shri Yogesh Chandra, Advocate For Respondent-State : Shri Anmol Sharma, PL Order On Board By Hon'ble Justice Mr. Prashant Kumar Mishra 06/02/2019

1. It appears, pursuant to order passed against the petitioner under Section 248 of the Chhattisgarh Land Revenue Code, 1959 for removal of encroachment, the Tehsildar, Masturi is proceeding ahead to execute the order by summoning report of execution.

2. The petitioner has not assailed the original order passed against the petitioner nor the same could be challenged directly before this Court bypassing the alternative remedy under Section 44 of the Code, 1959.

3. The writ petition is not maintainable, it is accordingly dismissed as not maintainable reserving liberty in favour of petitioner to initiate appropriate proceedings in accordance with law.

Sd/-

Prashant Kumar Mishra Judge Ankit

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