,i, V,,, jLL, , W ,,, W , .. Learned counsel appearing for the petitioner submits that though the statutory appeal is available against the order passed by the Colieotor, however, in View of the facts of the case, the oetitioner has fiied this petition ander Article 227 of the Constitution of indie as there was no appetiate (é/Z/ :$H COURT OF CHHATT§SGARF€: mLAsPUR Writ Petition Na. 3279 ef ZQOS Petitioner Narsingh, S/o. Bhursavo, Caste Sanwaia (Adivasi), occupation — Agricuiture. Rfo. Jamhar, at present Limgaon, Tahsii & Distt. Mahasamund (CG). Versus Respondents 1) State of Chhattisgarh through the Coilector, Mahasamund, Distt. Mahasamund (CG). 2. Sub Divisionai Officér, Mahasamund Distt. Mahasamund (CG). 6"”. 3. Shoukiiai. Slo. Nohar Singh, Caste Gond. 4. Tiiram. S/o. Shaukiial, Caste — Gond. 5. Tirathram, Sic. Shoukilai, Caste - Gond. . Sitaram, Slo. Gneshram, Caste - Aghariya. 7. Piemiai,Slo. Gneshram, Caste — Aghariya. AH R/o. Viiige Jamhar, Tahsil & Distt. Mahasamund (CG). 8. Additionai Tahsildar, Pithom, Tahsil & Disit. Mahasamund (CG). (Writ Petition under Article 226/227 0f Constitutiori of india) SB: Hon’bie Mr. Satish K. Agnihatri, J. Present: Mr. Awadh Tnpathx, counsel fer the petitioner. Mr. Bhaskar Payasi, Panei Lawyer for the Slate. ORAL ORDER (Passed on this 19‘“ day of January. 2009) (7(7) authority avaifabie. Notice was issued on 5-1 2—2003. Thus, the matter may be referred to the Commissioner (Revenue) after condoning the deiay. 2) Be that as it may, the petition invcives adjudication on facts aiso which cannot be done by the High Court, in exercise of he power under Article 227 of the Constitution of indie. Thus, it is expedient that the matter may be j considered by the appeiiate authority. 3) Shri Bhaskar Payasi, teamed Panel Lawyer appearing for the State does not oppose the prayer of the petitioner. 4) in view of the foregoing, the petitioner is permittedritfofwithdraw this petition with liberty to take recourse to the Commissioner (Revenue) under the provisions of iaw. in the event, there is any deiay; the same shall be condoned, if the appiication is fried within a period of two weeks. t 5) Accordingiy, this petition is disposed of with the aforesaid liberty. Consequentiy, M.W.P.No.29§1 of 2003 also stands disposed of. 6) Original certified copy of the impugned order may be returned back to the petitioner after retaining a copy of the same. wr i sir/- Saash K. Agnihotri i ’ " Judge / r We. V, i ,l /