Chhabishankar Gupta Vs State Of Chhattisgarh And Ors

Chhattisgarh High Court 3 Aug 2018 Writ Petition (C) No. 2136, 2159 Of 2018 (2018) 08 CHH CK 0088
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Writ Petition (C) No. 2136, 2159 Of 2018

Hon'ble Bench

Sanjay K. Agrawal, J

Advocates

Kamlesh Kumar Pandey, Avinash Singh

Final Decision

Disposed Of

Acts Referred
  • Chhattisgarh Land Revenue Code, 1959 - Section 44(1)

Judgement Text

Translate:

Sanjay K. Agrawal, J

1. Learned Panel Lawyer for the respondents/State would submit that order rejecting his application for diversion is appealable under Section 44 (1) of

the Chhattisgarh Land Revenue Code, 1959 (hereinafter called as 'Code'), therefore, the present writ petitions are not maintainable.

2. Learned counsel for the petitioners would submit that the impugned order is without jurisdiction and without authority of law, therefore, the writ

petitions are maintainable.

3. I have heard learned counsel for the parties.

4. Since the order is appealable before the appellate authority under Section 44(1) of the Code, the present writ petitions are not maintainable.

Accordingly, it is dismissed. However, the petitioners are at liberty to prefer an appeal before the appropriate authority in accordance with law.

5. Needless to say, if the appeal is preferred, the appellate authority shall do well to dispose of the same expeditiously, preferably within a period of

two months from the date of its receipt.

6. Certified copy of the order dated 28.6.2017 be returned to counsel for the petitioners after furnishing attested photocopy thereof. No order as to

cost(s).

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