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2025 DAILYLAW 4341 (CHH)

SANTOSH KUMAR v. STATE OF CHHATTISGARH

WPS/570/2025 · 2025-01-22

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:3843 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 570 of 2025 Santosh Kumar S/o Late Shri Sudhoram Gandharva Aged About 61 Years Village Kotwar R/o Village Basha, Tah Beltara Distt. Bilaspur (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhavan, Mantralay Naya Raipur, District Raipur (C.G.) 2 - Collector Bilaspur Distt. Bilaspur (C.G.) 3 - Naib Tahsildar Beltara, Distt. Bilaspur (C.G.) ... Respondent(s) For Petitioner : Shri Amit Kumar Sharma, Advocate. For Respondents/State : Shri Abhishek Gupta, PL. Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 22/01/2025 1. Heard Shri Amit Kumar Sharma, learned counsel for the petitioner and Shri Abhishek Gupta, learned Panel Lawyer for the State. 2. Instant petition has been filed seeking following reliefs:- “(i)That, the Hon'ble Court may kindly be pleased to call for the GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.01.25 16:08:37 +0530 2 entire records of the case from the authorities concerned for its kind perusal. (ii)That, the Hon'ble Court may kindly be pleased to set-aside the impugned order dated 1/1/2025 (annexure p-1) passed by the respondent no. 3 and consider the case of the petitioner that reinstates the petitioner on the post of Village Kotwar of Village Basha. (iii)Any other relief or relief(s) which this Hon'ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted.” 3. Learned State counsel has made an objection that the order under challenge is an appealable order and the petitioner should have approached before the Appellate Authority before coming to this Court. 4. Against the order of Tehsildar their lies an appeal before the Sub Divisional Officer (Revenue) under Section 44 of the Land Revenue Code. As such, the petitioner is granted liberty to avail alternate remedy before the concerned SDO and the concerned SDO in turn is directed to decide the appeal forthwith looking to the fact that according to petitioner he has not sold the Kotwari land, he has sold his own land. 5. With the aforesaid direction, the petition is disposed of. Sd/- (Amitendra Kishore Prasad ) Judge gouri