Madan Prasad Gupta v. the Board of Revenue
Case brief
What is this about?
Chhattisgarh High Court, Bilaspur — WA No. 335 of 2020, Madan Prasad Gupta v. Board of Revenue and others; decided 25.07.2024; bench: Ramesh Sinha, Chief Justice (author) with Ravindra Kumar Agrawal, Judge. Document bears the 'NAFR' mark. Sole point: disposal of the writ appeal against the Single Judge's order dated 28.11.2019 in Writ Petition (C) No.1152 of 2007; appeal dismissed following the coordinate-Bench decision in Girdhari v. Bhondu @ Barati and others, W.A. No.560 of 2022 (decided 24.07.2023), per which a writ appeal is barred by the proviso to Section 2(1) of the Act of 2006 where the underlying challenge to a Board of Revenue revisional order was brought under Article 227 of the Constitution. Provisions appearing (within the quoted Girdhari extract): Sections 31, 32 and 50 of the Code; Section 151, Civil Procedure Code; Article 227, Constitution of India; Dr. Ram Sharan Lal Tripathi (supra) negatively viewed by the Girdhari Bench. Useful for: maintainability of writ appeals, Board of Revenue as a 'Court', Article 227 challenge route to revenue revisional orders.