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2026 DAILYLAW 12271 (CHH)

MAHANT DURGESH DAS v. MAHANT GOVIND DAS

WPC/1296/2026 · 2026-03-23

Shri Naresh Kumar Chandravanshi

body2026

Judgment text

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1 2026:CGHC:14141 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1296 of 2026 Mahant Durgesh Das Disciple Of Late Shri Mahant Ram Balidas Ji Shashtri Aged About 54 Years R/o Shriram Janki Mandir, Arjunda, Tehsil - Arjunda, District Balod Chhattisgarh (Due To Inadvertence, Age Not Mentioned In Lower Court Cause Title) ... Petitioner versus 1 - Mahant Govind Das Aged About 54 Years R/o Village Ramhepur, Post And Tehsil Lohara, District - Kabirdham Chhattisgarh (Due To Inadvertence, Age Not Mentioned In Lower Court Cause Title) 2 - District Transport Officer District Kabirdham Chhattisgarh ... Respondent {Cause title, as taken from Case Information System} For Petitioner : Mr. Mayank Gupta, Advoccate. For Respondent No. 2 : Mr. Anand Dadariya, Deputy Adv. General. {Hon’ble Mr. Justice Naresh Kumar Chandravanshi} Order on Board 24/03/2026 1. Instant writ petition under Article 226 of the Constitution of India has been preferred by the petitioner seeking following reliefs :- “1 That, the Hon’ble Court may kindly be pleased to Court may kindly be pleased to call the entire records of office of Transport Authority, Kabirdham (C.G.) and Office of Appellate Officer cum Transport Commissioner, Chhattisgarh, Atal Nagar, Nawa Raipur pertaining to the case of the Respondent No. 1 so far as it relates 2 to transfer of name on alleged vehicle bearing No. CG 09 JF 5716. 2. That, the Hon’ble Court may kindly be pleased to Court may kindly be issue a writ /writs, order / orders, direction / directions by allowing the instant petition and to set aside the order dated 05.05.2025 (Annesxure-P/1) and transfer the name of Petitioner on alleged vehicle bearing No. CG 09 JF 5716 as rightful owner, in the interest of justice. 3. That, this Hon’ble Court may kindly be pleased to grant any other relief (s), which is deemed fit and proper in the aforesaid facts and circumstances of the case. 2. This petition has been preferred by the petitioner challenging the order dated 05.05.2025 passed by Appellate Authority-cum-Transport Commissioner, Raipur, Chhattisgarh whereby Appellate Authority has upheld order dated 28.02.2023 passed by Registering Authority, Kabeerdham (C.G.) 3. Learned counsel appearing for the petitioner submits that Civil Suit is already pending in respect of alleged Will executed by late Mahant Ram Bali Das Ji Shastri in favour of respondent No. 1 – Mahant Govind Das. 4. Per contra, learned counsel for the respondents/State submitted that the impugned order has been passed under the Motor Vehicles Act, 1988 (for short, "MV Act, 1988") and the petitioner has an alternative efficacious remedy available under the MV Act, 1988 for redressal of his grievances. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Having considered aforesaid facts and the fact that there is alternative efficacious remedy available to the petitioner under the MV Act, 1988, hence, this Court is not inclined to entertain this petition invoking extraordinary jurisdiction of 3 this Court under Article 226 of the Constitution of India. 7. Accordingly, the instant writ petition stands disposed of leaving liberty in favour of the petitioner to approach before appropriate forum for redressal of his grievance 8. Pending interlocutory application (s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.03.28 18:00:21 +0530