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2025 DAILYLAW 14785 (CHH)

GANESIYA SINHA v. STATE OF CHHATTISGARH

WPC/1648/2025 · 2025-04-01

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:15218 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1648 of 2025 1 - Ganesiya Sinha W/o Mohan Lal Sinha Aged About 52 Years President, Shiv Shakti Mahila Swa Sahayata Samooh, Than Khamhariya, Tahsil Than Khamhariya, Block Saja, District Bemetara (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Secretary, Revenue Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, District Raipur (C.G.) 2 - Secretary Food, Civil Supplies And Consumer Protection Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, District Raipur (C.G.) 3 - Collector Bemetara District Bemetara (C.G.) 4 - Additional Collector-2 Bemetara, District Bemetara (C.G.) 5 - Sub Divisional Officer (Revenue) Saja, District Bemetara (C.G.) 6 - Tahsildar Tahsil Than Khamhariya, District Bemetara (C.G.) ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 For Petitioner :- Mr. Praveen Dhurandhar, Advocate For State :- Mr. Anmol Sharma, P.L. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 01.04.2025 1. By way of this petition, the petitioner has sought following reliefs:- “10.1 That, the Hon'ble Court may kindly be pleased to quash the impugned order dated 09-12-2024 (Annexure P-1), whereby the demand notice dated 19-06-2024 (Annexure P-6) has been affirmed in appeal. 10.2 That, the Hon'ble Court may kindly be pleased to quash the demand notice dated 19-06-2024 (Annexure P-6). 10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate” 2. It has been submitted by learned counsel for the petitioner that against the order dated 09.12.2025 passed by the Additional Collector, he is required to file a statutory revision before the Commissioner Raipur Division and he is ready to file appropriate revision before the Commissioner Raipur Division. He further submits that the petitioner has wrongly mentioned the provisions before the Additional Collector, however, it has to be decided in accordance with law. As such, he is seeking prayer that he will file an appropriate application with appropriate provisions and the concerned Commissioner may be directed to decide the same 3 without influencing and without going into the merits of the case of the application which has been filed before the Additional Collector. 3. Learned State counsel submits that since the copy of appeal memo is not filed, therefore, he is not in a position to state anything. 4. Considering the submission made by counsel for the petitioner and the fact that the grievance of the petitioner is correct only to the extent that the provisions have wrongly been quoted, the Commissioner, Raipur Division is directed to consider and decide the case in a pragmatic manner and accept the provisions preferred by the petitioner and pass appropriate order on its own merits, in accordance with law, preferably within a period of four weeks from the date of receipt of copy of this order. 5. With the aforesaid observation/direction, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Vishakha