Single bench disposed of a writ petition under Article 227 holding that the Board of Revenue was not the appropriate authority to initiate proceedings since the Commissioner is the correct party. The petition was set aside.
Writ petition disposed of; petitioners directed to approach Commissioner via revision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HON’BLE HIGH COURT OF CHHATTISGARHAT BILASPUR (C.G.) Writ Petition (227)No. %$Vof2014
K PETITIONERS :1. Kunti Bai widow of Tejram Sahu, gedabout50 years, / Gulapbai daughter of late ryw/‘Vg ,4? Tejram Sahu, aged about 3O years,
54/-
‘
Both are resident of VillageJeejamgaon, Tahsil and Police Station—Kurud, District— Dhamtari (C.G.)
VERSUS
RESPONDENT
Gaindlal son of Pyari Sahu, resident of Village—Jeejamgaon, Tahsil and Police Station-Kurud, District-Dhamtari (C.G.)
WRIT PETITION UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA
HIGHCOURTOFCHHATTISGARH,BILASPUR W.P. 1227)No.882of2014
/——-——PETITIONERS
KuntiBaiandanother
Versus
(I
Gaindlal
RESPONDENT/—-
Shr'lPrateekSharma‘counselforthepetitioners.
SINGLEBENCH : HON’BLESHRIPRASHANTKUMARMISHRA,J. " ORALORDER 511212014)
r ‘B L n themeritsofthematter,since 2. Withoutexpressir fg“ w by Board of terim order passed is ari s the writ petition o y, ife‘ction that Board of Revenue shall Revenue, itisdisposed ) finallywithinonemonthfromthe dowelltohearanddec‘ s order.Petitionerswouldbeat _ a dateof presentationop of the revision ....... I maintainability libertyapplication,before tothe raiseCommissionerasaccordingm object irathe rWppositethandirectlypartyapproachingshouldthehaveBoardmoved of Revenue. 3. Accordingly,writpetitionstandsdisposedof. Prashant KumarSd/— Mishra Judge
2 issues framed by the court
Whether the writ petition under Article 227 is maintainable against a Board of Revenue when a Commissioner is the appropriate authority.
Whether the Board of Revenue is the appropriate party to move revision against on merits.
Kunti Bai
Gulapbai
Gaindlal
Prashant Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
