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2026 DAILYLAW 29545 (CHH)

KOMAL PRASAD CHAUHAN v. STATE OF CHHATTISGARH

WPS/5612/2026 · 2026-07-27

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010274962026 2026:CGHC:32248 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5612 of 2026 Komal Prasad Chauhan S/o Late Ramnath Chauhan Aged About 68 Years (Kotwar )r/o Village- Sirli Tahsil Bhothiya District- Sakti (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through- Secretary Department Of Revenue Maha Nadi Bhawan Mantralaya Atal Nagar, New Raipur District- Raipur Chhattisgarh 2 - The Collector Sakti Collectorate Sakti District- Sakti (C.G.) 3 - The Tahsildar Tahsil Bhothiya District- Sakti (C.G.) 4 - Manish Kumar Julha S/o Babulal Julha Aged About 27 Years R/o Village- Sirli Tahsil Bhothiya District- Sakti (C.G.) ... Respondents For Petitioner : Mr. N.K. Malviya, Advocate. For State : Ms. Diksha Gouraha, Dy.G.A. For Respective Respondents : Mr. Abhishek Khandelwal, Advocate on behalf of Mr. Awadh Tripathi, Advocate Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 28/07/2026 1. Learned Counsel for the petitioner submits that although the order passed by the Tahsildar is appealable under the Chhattisgarh Land Revenue Code, 1959 before the Sub- Divisional Officer, and a statutory remedy of appeal is available under the CGLRC, the same does not operate as a bar to the AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.07.29 10:45:13 +0530 2 maintainability of the present writ petition under Article 226 of the Constitution of India. 2. Per contra, learned counsel for the respondents opposes the aforesaid submission and contends that since the statute provides a specific remedy of appeal before the SDO under the CGLRC against the order of the Tahsildar, the present writ petition is not maintainable. 3. I have heard learned counsel for the parties, perused the pleadings and documents. 4. Having considered the submissions advanced by learned counsel for the parties, this Court is of the view that a statutory remedy of appeal is available to the petitioner under the provisions of the CGLRC and in view of the availability of such an alternative statutory remedy, this Court is not inclined to entertain the present writ petition under Article 226 of the Constitution of India, as the same is not maintainable. 5. Accordingly, the writ petition is dismissed. However, it is made clear that if the petitioner is aggrieved by the order impugned, he shall be at liberty to avail the statutory remedy of appeal before the Sub-Divisional Officer (SDO) in accordance with the provisions of the Chhattisgarh Land Revenue Code (CGLRC), if so advised. SD/- (Bibhu Datta Guru) Judge Amardeep