Smt. Sushila Dwivedi v. State of Chhattisgarh
Case brief
What is this about?
Maintainability / alternative remedy: writ petition (WPC No. 888 of 2025) against Collector, Durg revenue order dated 16.12.2024 disposed of on the ground that an appeal lies to the Commissioner under Section 44(2) of the Chhattisgarh Land Revenue Code, 1959 ('Code of 1959'); 15-day window to file appeal; Commissioner directed to decide expeditiously; interim protection - no coercive steps against petitioner till appeal decided; fresh writ petition permitted on new cause of action. Private respondents include members of the Dhiwar family of Village Dhaur, Tehsil/District Durg. Bench: Arvind Kumar Verma, J. Counsel: RK Kesharwani for petitioner; Ajit Singh, GA for respondent-State.
What did the court decide?
Liberty to file an appeal under Section 44(2) of the Chhattisgarh Land Revenue Code, 1959 before the Commissioner concerned within 15 days; the Commissioner to decide the appeal expeditiously in accordance with the relevant rule/law/regulation; no coercive steps against the petitioner till decision on the appeal; liberty reserved to file a fresh writ petition if a new cause of action arises.