The High Court dismissed a writ petition challenging the refusal to appoint a commissioner for land demarcation under Order 26 Rule 9 CPC. The Court held that Section 129 of the Chhattisgarh Land Revenue Code provides an effective alternative remedy, barring intervention under Article 227.
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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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WP (227) No. 66 of 2022
Tarkeshwar Sahu S/o Late Ganga Sahu aged about 40 years R/o Kasaridih, Tahsil and District Durg, Chhattisgarh
---- Applicant
Versus
--Respondents
For Applicant : Mr. Rudranath Mukherjee, Advocate For Respondent : None.
Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board
27/01/2022
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Rule 1 & 2 of the CPC which was dismissed on the ground that no demarcation report has been placed. Against the said order, an appeal was preferred which was also dismissed. The petitioner challenged the said order in WPC No. 3691/2021 which was dismissed vide order dated 22/09/2021. Thereafter, the petitioner filed an application under Order 26 Rule 9 of the CPC for appointing the commissioner by calling the demarcation report which was dismissed by the impugned order. Hence, this petition.
Sd/(Deepak Kumar Tiwari) Judge
rahul
2 issues framed by the court
Whether the High Court can interfere under Article 227 when an effective alternative remedy exists under Section 129 of the Chhattisgarh Land Revenue Code.
Whether the dismissal of the application for appointing a commissioner under Order 26 Rule 9 CPC when no demarcation report was available was erroneous.
3 provisions across 3 enactments
Tarkeshwar Sahu
Santosh Singh
Smt. Mamta Singh
Manoranjan bharti
Niranjan Kumar Bharti
State of Chhattisgarh
Deepak Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
