"Ip HIGH COURT OF CHHATTISGARH AT BILASPUR SinaleBench : Hon'ble Shri H.L. Dattu. C.J. Writ Petition No.1566 of 2002 Petitioner Respondents Vs. 1. 2. 3. Ramesh Kumar S/o Indersen Agarwal, Aged about 40 years, Jati Agarwal, R/o Village & P.S. Shanker Garh, Tehsil Samari (Kusmi), District Sarguja (C.G.) Modho, S/o Dhumma Urao, R/o Viliage fitP.S. Shanker Garh, Tehsil Samari (Kusmi), District Sarguja (C.G.) Chamra, S/o Dhumma Urao, Lamru, S/o Dhumma Urao, Both resident of: Vjiiage & P.S. Shanker Garh, Tehsil Samari (Kusmi), DEstrict Sarguja (C.G.) Present : Shri Abdul WahabKhan, counsel for the petitioner. ORAL ORDER (Passed on 14tn March, 2007) This writ petition is filed against the order dated 28-6-2002 passed by the Additional Commissioner under the provisions of the Chhattisgarh Land Revenue Code, 1959 (henceforth 'the Code') refusing to grant an interim prayer sought for by the petitioner. (2) This Court, in exercise of its discretionary jurisdiction under Artictes 226/227 of the Constitution of India, normally wouid not interfere with the discretionary orders passed by the authorities under the Code. The exception being if the orders so passed are arbitrary, iiiegal and one without jurisdiction, then only thisCourt would exerdse itsjurisdiction. II i ^-:.___.L.^ (3) In the present case, after considering the case of the petitioner, the second appeliate authority has thought it fit not to grant interim prayer. After going through the interim prayer made by the petitioner before the second appellate authority and the order passed on the interim prayer, it cannot be said that the order so passed is arbitrary, illega! or without jurisdiction. Therefore, the relief sought for in this writ petition cannot be granted by this Court. (4) Accordingly, the writ petition is disposed of. However, liberty is V^ C.AA.l^ ^Jt4^V^ r resen/ed to the petitioner to make an appropriate application before th'e t^ authority before whom the second appeai filed by the petitioner is pending. if such an application is fiied by the petitioner, the authority concerned shall consider the same in accordance with law. Sd/- Chief Justice