1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 263 of 2021 1. Smt. Sonbati Markam W/o Late Shri Mahesh Markam Aged About 42 Years Resident Of Village Mainpur, Tahsil Charama , District North Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 2. Smt. Gayatri Netam W/o Shri Khamman Netam Aged About 37 Years Resident Of Albelapara Ward, Kanker , Tahsil Kanker , District North Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh 3. Saushilya Tekam W/o Shri Surendra Tekam Aged About 36 Years Resident Of Village Bagod, Tahsil Narharpur, District North Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh ... Petitioner(s) versus 1. Smt. Radha Devi W/o Late Jiyaram Resident Of Kanker , Tahsil Kanker , District North Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh 2. Manoj Kumar S/o Kunwar Singh Resident Of Amapara Kanker , Tahsil Kanker, District North Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh 3. Ku. Meera D/o Kunwar Singh Resident Of Amapara Kanker , Tahsil Kanker , District North Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh 4. Ku. Dooj D/o Kunwar Singh Resident Of Amapara Kanker , Tahsil Kanker , District North Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh 5. The Sub Divisional Officer (Revenue) Kanker, District North Bastar Kanker (C.G.) ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioners : Mr. Goutam Khetrapal, Advocate For Respondent No. 1 : Ms. Anushka Sharma, Advocate holding the brief of Mr. Manoj Paranjpe, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 06. 05.2025 SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.05.07 13:17:50 +0530 2 1. Learned counsel appearing for respondent No. 1 would submit that the order passed by the Sub-Divisional Officer under the provisions of Section 170 B of the C.G. Land Revenue Code, 1959 is appealable before the Collector, and therefore, the instant petition is not maintainable. 2. At this stge, Mr. Goutam Khetrapal, counsel appearing for the petitioners would seek permission of this Court to withdraw this petition with liberty to prefer a duly constituted appeal before the concerned Collector. He would further submit that an interim order is operating in favour of the petitioner, the same may be extended till application for grant of stay is decided by the appellate authority. 3. Heard. 4. Taking into consideration the submission made by respective Advocates, this petition is not maintainable as there is an efficacious alternative remedy to prefer an appeal, accordingly, the instant petition is dismissed. However, the petitioners would be at liberty to prefer a duly constituted appeal before the appellate authority according to the provisions of C.G. Land Revenue Code, 1959, along with an application for grant of stay. He would be at liberty to raise all available grounds. 5. If the petitioners prefer an appeal before the appellate authority, the appellate authority is directed to decide the application for grant of stay within a period of 60 days, and for said period the interim order granted on 19.05.2021 shall remain in force. Sd/- (Rakesh Mohan Pandey) Judge $iddhant