IxlRlT PETITION UNDER ARTECLE 226 OF THE CONSTITUTION OF INDIA SB: iimi’iile $h3’i' Saiish K. Aggiihatr‘ii J. Present: Sim Sumesh Bajaj, Govemmeni Aiivocate for the State / respondem iiEGE CG‘ERT $F CHEATTESGARE A? 3ELASPUR WRIT 33ETITE0N gC} N0. 873 0f2%{}8 Diilssh Chandra Gupta S/Q Late Shri Devchand Prasad Gupta, Aged abou: 64 yams) Occupation ~ Agricuitun‘st R/o Ward N0. 11, Ramanujgaaj, Tahsi} ~ PETITEQNER Pal, District - Surguja (CG) VERSUS . Stata of Chhattisgarh, Through: The Secretary, Ministry of Revenue, Mantraiaya, D.K.S. Bhavan, Raipur (CG) RESPONBENTS 2. The Chief Municipa1 Officer, Nagar Panchayat, Ramanujganj, District ~ Suirguja (CG) 3. Sub Divisional Officer (Revenue) cum Nazu1‘0&cer), Ramanujganj, Disirict — Surguja (CG) 4. Tahsiidax; Tab. ~ Pai at Ramaxiujgaxij, District v Surguja {CG} Assistant Superinteiidem Land Recent Office of Coliectcr, Surguja at Ambikapur (CG) UI Sim; Subhash Yadav, Advocate for the petitioner. No. I, 3. 4 and 5. Learned counsel appearing for the petitioner submits that the petitioner has filed an appiieation on 27.12901 (Aimexure PM) for demarcation of Nazel lease hald kmd bearing provisions of Ciihattisgarh L as the ORAL OR})ER (Passed 0nW 11 day of February, 2008) piot No. 452, 454, 455, 456, 457 and 458 under the and Reveiiue Code, 1959 (hereinafier refsrreci ti) ‘Code. 1959’). According to the learned counsel for the petitioner, the Tohsiidar is not passing any order on ihe appiication ofihe petitioner. Thus, the petitioner has filed this petition praying as wider: I 4. t 7.2 A writ and/or an order in the nature of Writ of mandamus be issued for commanding and directing the respondent State authorities to produce before “7.1. this Hon’ble Court a1} the records pertaining to the case ofthe petitioner for its kind peruse}. The Hon’bie Court may kindly be pieased to direct the Respondent authorities concerned to take h N measurement of the ques’doned land, piot no. 458 beiongs to the petitionsr. i, The Hon’ble Court may kindly be pleased to issue a writ of mandamus, commanding the respondent amhorities not to demolish the constructiGn over the 1ané of the petitioner bearing pio‘i no. 4S8 and also not take into possession the vacant land of the petitioner. Cost of the proceedings may be granted o the petitioner. Any other relief. which may deem fit by this Hon’ble Court, also be passed in favour ofthe petitioner.” 7.4. k) ]x w Ifthe petitioner is aggrieved hy non action on the part ofthe revenue officers. the provisions ofthe Code, 1959 provides a hierarchy of appellate authorities upto the Board of Revenue. Even otherwise, the petitioner ought to have made an application hefore the senior oitieers, may be the Sub Divisional Ohicer (Revenue) or the Coiiector of‘the District for non—action on the part ofthe Tehsiidar, if any. The petitioner, without exercising his statutory rights under the provisions of Code, 1959, has approached this Court for a writ/direction against the Tehsildar to perfonn his duty. The relief clause itself indicates that the petitioner has not acquired any right, iegal or statutory or otherwise to approach this Couit without moving to the superior officers, in accordance with law. Further, no extraordinary Cir unistances exists in favour of the petitioner. With regard to the prayer clause No. 7.3, it appears that the claim of the petitioner on the plot No. 458 is dependent on demarcation ofthe nazul lease hold land. According to the petitioner, for demarcation, an application is still pending consideration beiore the Tehsildar.- Thus, no relief can he granted wherein disputed question of facts are involved and the matter is still under consideration before the Tehsildar. m W U1 Thus: a? this stage, this relief camot be graxried as the same invdve$ dispuieci question of facis. The pstitionsr is at liberty to take recourse i0 oiher ai‘iema’iive forum that may be avaiiabie 10 the petitioner unéer the pmviséons 0f law in respect ofthe said prayer. Accordingly, ihis ye’mion is dismissed as being not maimainabie. NO order aStQ costs. — w Sd/- Satish K. Agnihotri Judge Q ,