HiGH COURT OF CHHATTISGARH AT BILASPUR Division Bench Coram : Hon'bieShriJagdishBhalia,ActingC.J.& Hon'ble Shri Dilip Raosaheb Deshmukh, J. Appellant Petitioner Respondents Writ ARpealNo.142 of 2007 versus 1. 2. Atok Jain, S/o Late Shri L.C. Jain, Aged about 59 years, Propnetor, M/s Bastar Medica! Stores, Jagdalpur, Distt. Bastar Drug Inspector, Jagdalpur, Distt. Bastar(CG) State of Chhattisgarh, Through Dy. Secretary, Public and Health and Family Welfare Department, Raipur (CG) WritApDeal under Section 2(1) of the Chhattisaarh Hiah Court Appeal to Division Bench Act, 2006 readwith Rule 157 (10) (E) of the Hiah Court of Chhattisaarh Rules, 200S Present : Shri P.K. Bhaduri, counselfortheappellanVpetitioner. Shri N.K.Agrawal, Deputy Advocate General forthe State/respondents. ORAL ORDER (Passed on 9th of July, 2007) The following oral order of the Court was passed by Jagdish Bhalla, Acting Chief Justice : We called upon learned counsel for the appellant to address this Court on the question of maintainability of the writ appeal in the iight of Section 2 of the Chhattisgarh High Court .(Appeai to Division Bench) Act, 2006 (henceforth 'the Act'). 7^ Lsarned counsel for the appellant concedes that Section 2 of the Act creariy provides that no appeal shall lie against an interlocutory order or against an order passed in exercise of supervisory jurisdiction under Article 227 of the Constitution of India. Section 2 ofthe Act reads as under : 2. "Appealto the Division Bench of the High Court froma Judgment or order of one judge of the High Court made in exercise of original junsdiction. - (1) An appeal shall lie from a judgment or order passed by one Judge of the High Court in exercise of original Jurisdiction underArticle 226 ofthe Constitution of India, to a Diyision Bench comprising of two Judges of the same High Court: Provided that no such appeal shall lie against an interlocutory order or againstan order passed in exercise of supervisory jurisdiction under Article 227 of the Constitution of India. (2) An appeal under sub-section (1) shail be filed within 45 days from the date of order passed by a single Judge: Provided that any appeal may be admitted after the prescribed periodof 45 days, if the petitioner satisfles the Division Bench that he had sufficientcause for not preferring the appeal within such period. ExplanatiQri.- The fact thatthe petitioner was misled by any order, practice or judgmentof the High Court in ascertaining or computing the prescribed period may by sufficient cause within the meaning of this sub-section. (3) An appeal under sub-section (1) shall be filed, heard and decided in accordance with the procedure as 7i'-- .-.-.'. may be. prescribed by the High Court." . l!il SN There is a specific bar in filing a writ appealagainst the order passed by Hon'ble Single Judge under Article227 of theConstitution of India. In the light of above, no interference is warranted by this Court. Theappeal isdismissed as not maintainable. — \Sd/- Acting Chief Justice .JSW'wnd* ^^ffsy^^ Gopa! : ^ *^ a f S ^tS?!^ ^.CS;; ^M31^^'is;'K'%K^sj^ 'Ssissii