The Division Bench dismissed the writ appeal by observing that the appellant had liberty to challenge the impugned order before the appropriate forum, finding no ground to entertain the current appeal.
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Appeal No. 306 of 2022
Smt. Champa, D/o. Buduram, Aged About 55 Years, R/o. Village – Dolesara, P.S. & Tahsil – Tamnar, District Raigarh, Chhattisgarh.
------Appellant
Versus
1. State Of Chhattisgarh, Through Secretary, Department of Revenue And Disaster Management, Mahanadi Bhawan, Naya Raipur, District – Raipur, Chhattisgarh.
2. Sub Divisional Officer (R), Gharghoda District – Raigarh, Chhattisgarh.
3. Tahsildar, Tamnar, District – Raigarh, Chhattisgarh.
4. Budhuram, S/o. Late Lagansai, Aged About 80 Years, R/o. Village Dolesara, P.S. And Tahsil Tamnar, District – Raigarh, Chhattisgarh.
------Respondents
For Appellants :- Mr. Amit Sharma, Advocate For Respondents No.1 to 3 :- Mr. Sudeep Verma, Dy. Govt. Advocate
(Division Bench)
Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Radhakishan Agrawal
Order On Board
(05.07.2023)
Sanjay K. Agrawal, J.
1. This writ appeal is directed against the impugned order dated 04.04.2022 passed in WPC No.1605 of 2022, by which the petitioner’s writ petition has been dismissed by the learned Single Judge finding no merit.
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2. Mr. Amit Sharma, learned counsel for the writ appellant submits that the learned Single Judge absolutely unjustified in dismissing the writ petition by recording a finding perverse to the record; therefore, the impugned order is liable to be set aside.
3. We have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection.
4. The writ petitioner/ appellant herein filed a writ petition questioning the order dated 10.03.2022 passed by the Sub Divisional Officer (Revenue) seeking setting aside of that order as well as to direct the respondent authorities not to release the compensation amount to the respondent No.4, which the learned Single Judge has disposed off reserving liberty in favour of the petitioner to file civil suit.
5. The order which was challenged in the writ petition is an order passed by the Sub Divisional Officer (Revenue), as such, appellant is at liberty to question that order, in accordance with law, before appropriate forum, we do not find any ground to entertain this appeal and accordingly, the writ appeal stands finally disposed off with the aforesaid observation.
Sd/Sd/- (Sanjay K. Agrawal) (Radhakishan Agrawal) Judge Judge
aks
1 issue framed by the court
Whether the appellate court should entertain an appeal challenging an order requiring a party to approach the appropriate forum for substantive relief.
Smt. Champa
State Of Chhattisgarh
Buduram
Sanjay K. Agrawal
Radhakishan Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
