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2025:CGHC:56588
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3292 of 2025 1 - Sunita W/o Shri Santosh Kumar Chouhan Aged About 44 Years R/o Village Jarve, P.S. Nagarda, Tahsil Naya Baradwar, District Sakti, Chhattisgarh.
--- Petitioner(s) versus 1 - Rajkumar Manhar S/o Late Budhram Aged About 42 Years Caste Satnami, R/o Village Jarve, Tahsil Baradwar, District Sakti, Chhattisgarh. 2 - Neera Chouhan W/o Vijay Chouhan Aged About 34 Years R/o Village Jarve, P.S. Nagarda, Tahsil Naya Baradwar, District Sakti, Chhattisgarh. 3 - Avinash Kumar Sonwani S/o Jeetram Sonwani 4 - Faguram Chouhan S/o Late Firaturam Chouhan . 5 - Khageshwar Singh S/o Manharan Singh No.3 to 5 all are R/o Village Jarve, P.S. Nagarda, Tahsil Naya Baradwar, District Sakti, Chhattisgarh. 6 - Collector Sakti, District Sakti, Chhattisgarh. 7 - Sub Divisional Officer (Rev.) Sakti, District Sakti, Chhattisgarh. 8 - Tahsildar, Tahsil Sakti, District Sakti, Chhattisgarh.
--- Respondent(s) ____________________________________________________________ For Petitioner : Mr. Virendra Kumar Janardan, Advocate For Respondent No.2 : Mr. Harishankar Patel, Advocate For State/Respondents No.6 to 8 : Mr. Anurag Tripathi, P.L. Hon'ble Shri Justice
Parth Prateem Sahu
Order On Board BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.11.21 10:35:23 +0530
2 20/11/2025
1. This writ petition is filed against the order dated 13.06.2025, passed in Appeal Case No.202501310300042/A-56/24-25 by the Sub-Divisional Officer (Revenue) in exercise of its jurisdiction U/s. 44 (1) of the Chhattisgarh Land Revenue Code, 1959. Order passed by appellate authority U/s. 44 (1) is appealable under Section 44 (2) of the Code, 1959, therefore, I am not inclined to entertain this writ petition in view of the efficacious alternate remedy available to petitioner.
2. Accordingly, this writ petition is dismissed reserving liberty to petitioner to avail the other alternate remedy available to him under the law.
3. Considering the fact that writ petition challenging the order of SOD (R) is filed within period of limitation, therefore, if petitioner files an appeal U/s. 44 (2) of the Code, 1959 within period of two weeks from today, second appellate authority shall consider the appeal on merits keeping in mind that the order dated 13.06.2025 is challenged by filing writ petition on 24.06.2025.
4. Registry is directed to returned back the certified copies of the documents annexed along with writ petition to learned counsel for petitioner after retaining photocopy of the same. Sd/- (Parth Prateem Sahu) Judge Balram