Shri Thakur Ramchadraji Swami ... vs State Of Chhattisgarh
2022 Latest Caselaw 805 Chatt

                                     1

                                                                    NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR

                           WA No. 58 of 2022
Shri Thakur Ramchadraji Swami Jaitu Sao Mandir Trust Through It's
Secretary Mahendra Kumar Agrawal S/o Late Radheshyam Agrawal,
Aged About 75 Years, Presently Residing At Purani Basti Saraswati
Chowk, Raipur, Tehsil And District Raipur, Chhattisgarh.
                                                            ---- Appellant
                                 Versus
1.   State of Chhattisgarh Through The Secretary, Revenue And
     Disaster Management Department, Mantralaya, Indravati Bhawan,
     Atal Nagar Nawa Raipur, District Raipur, Chhattisgarh.
2.   The Additional      Tahsildar   Mandir   Hasaud,   District   Raipur,
     Chhattisgarh.
3.   Anil Kumar Jain S/o Anup Chand Jain Aged About 54 Years R/o
     Shankar Nagar, Raipur Tahsil And District Raipur, Chhattisgarh.
                                                        ---- Respondents

(Cause-title taken from Case Information System)

For Appellant : Dr. N.K. Shukla, Senior counsel assisted by Mr. Arjit Tiwari, Advocate.

For Respondents No. 1 & 2 : Ms. Astha Shuka, Government Advocate. For Respondent No. 3 : Ms. Nupoor Sonkar, Advocate.

Hon'ble Shri Arup Kumar Goswami, Chief Justice

Hon'ble Shri N. K. Chandravanshi, Judge

Judgment on Board

Per Arup Kumar Goswami, Chief Justice

16.02.2022

Heard Dr. N.K. Shukla, learned senior counsel assisted by Mr. Arjit

Tiwari, learned counsel for the appellant. Also heard Ms. Astha Shukla,

learned Government Advocate appearing for respondents No. 1 & 2 and

Ms. Nupoor Sonkar, learned counsel appearing for respondent No. 3.

2. This appeal is presented against an order dated 21.01.2022 passed

by the learned Single Judge rejecting an application filed by the appellant

for referring the case to a Larger Bench on the ground that there is a

conflict of opinion in the case of Dr. Ram Sharan Lal Tripathi v. State of

Chhattisgarh & Others, reported in AIR 2016 Chh 17 and Sunil Tawari v.

Janak Ram Kuree, reported in 2021 SCC OnLine Chh 2591, with regard

to the question as to whether a writ petition under Article 227 of the

Constitution of India shall be maintainable against an order passed by the

Board of Revenue.

3. In the application under Article 227 of the Constitution of India, the

writ petitioner had put to challenge an order of Additional Tahsildar, dated

28.03.2021.

4. The learned Single Judge opined that there was no such issue in

the present case and accordingly, rejected the application.

5. As the writ petition is pending consideration before the learned

Single Judge, we decline to entertain this appeal and dispose of the

same by reserving liberty to the appellant to raise all contentions

including maintainability of the writ petition, if the need so arises, after

disposal of the writ petition by initiating appropriate proceedings.

                Sd/-                                           Sd/-
      (Arup Kumar Goswami)                           (N. K. Chandravanshi)
           Chief Justice                                     Judge

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