Dismissed

Sandeep Das @ Sunny Das v. State of Chhattisgarh

Chhattisgarh HC9 Mar 2022CRMP/217/2022

Case brief

AI extract

What is this about?

The High Court, exercising inherent jurisdiction, granted liberty to the petitioner to file an appeal before the Commissioner within 30 days, despite the appeal being filed before the Sessions Judge which was dismissed as not maintainable. The petition was disposed of with this direction to advance the cause of justice.

What did the court decide?

Liberty granted to file appeal before Commissioner within 30 days.

Sandeep Das @ Sunny Das Vs State of… — Civil Procedure and Limitation | Chhattisgarh HC (2022)

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Order Sheet

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CRMP No. 217 of 2022

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Sandeep Das @ Sunny Das, S/o. Dilip Das Mahant, Aged About 24 Years, Caste Panika, Occupation Student, R/o. Ward No. 05, Sakti, Thana And Tehsil Sakti, District Janjgir Champa, Chhattisgarh.

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---Petitioner

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Versus

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State Of Chhattisgarh, Through Police Station Raigarh, Chhattisgarh.

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The District Magistrate (Collector) Raigarh, District Raigarh, Chhattisgarh.

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---Respondents

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09.03.2022	Mr. Mohit Kumar, Advocate for the Petitioner.
	Mrs. Hamida Siddiqui, Dy. A.G. for the State. Heard.
	Learned counsel for the petitioner would fairly submit the appeal should have been filed before the Commissioner against the order of the Collector dated 20.09.2021, instead it appears that the appeal was filed before the Sessions Judge. The Sessions Judge dismissed the appeal as not maintainable against which this petition is filed. He would submit that he may be given liberty to file appeal before the Commissioner. Having regard to the facts of this case and after going through the order dated 14.01.2022 passed by the Sessions Judge, Raigarh, it shows that appeal filed by the petitioner was

09.03.2022

Mr. Mohit Kumar, Advocate for the Petitioner.

Mrs. Hamida Siddiqui, Dy. A.G. for the State.
Heard.

Learned counsel for the petitioner would fairly submit the
appeal should have been filed before the Commissioner against
the order of the Collector dated 20.09.2021, instead it appears
that the appeal was filed before the Sessions Judge. The
Sessions Judge dismissed the appeal as not maintainable against
which this petition is filed. He would submit that he may be given
liberty to file appeal before the Commissioner.
Having regard to the facts of this case and after going
through the order dated 14.01.2022 passed by the Sessions
Judge, Raigarh, it shows that appeal filed by the petitioner was

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Ashok	dismissed as not maintainable. Considering the fact the petitioner was prosecuting his cause before wrong forum in order to advance the cause of justice on merits and to give proper opportunity of hearing, the petitioner may file appeal before the Commissioner within a further period of 30 days from today. With such liberty, the petition stands disposed off. Sd/- (Goutam Bhaduri) Judge

Sandeep Das @ Sunny Das v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Sandeep Das @ Sunny Das v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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