L\ ;&J> HIGH COURT OF CHHATT18GARH. BILASPUR W.A.No.480/2011 DB: HON'BLE SMRI SUNIL KUMAR SINHA. J & HOI^iLESHR»fiADHE5MYAMSHARiVJA7j. APPELLANTS Petitioners 1 2 Jowaldm Ekte, Age 48 years s/o Lt. Shri Polus Uraon Fedrules Ekka fiv^ 41 years, Q/o It. Shri Polus Uraon, Both Residente of village Kandora (Raikera), Tah. Kunkuri, District Jaspur (CG) Versus RESPONDENTS 1. TahsildarKunkuri, Tahsil- Kunkurt, Di^rtct Jashpur (CG) 2. Junus Ekka, Aged51 years, S/o Lt. Soharaj Uraon 3 Leos Ekka Aged 46 years, 8^0 tate Soharai Uraon Both Residente of viltage l^ndora (Raikera), Tah- Kunkuri, District Jaspur (CG) WRIT APPEAL UNDER SECTION 2 (11 OF CHHATTISGARH H1GH COURTfAPPEAL TO DIVISION BENCW ACT. 2006 Aopearance: Shri H.V. Sharma, Advocate forthe appellante. Shri Ajay Dwivedi, Dy. Govwnmert; AdveeeAe for ftie State/respondent No.1. ORALOIWER (20.10.2011) Sunil Kumar Slnha, J. Heard on admisslon. ,^'""1-., .,."^ ('vsf^ ? :1^^' ^:-:^£^y" /o^ WA 480/2011 NtSi, The appellante have filed this appeal against the orcter dated 12.09.2011, passed in W.P.(C.) No. 4050/2011 by the Singte Judge of this Court. The appellants/petitioners filed the Writ Petition challenglng order dated 11.7.2011, passed by Tehsildar, Kunkuri in Revenue Gase No. 15/A-70/2008-2009. Before the learned Singto Judge, the counsel f@r the appellants/petitioners prayed for wlthdrawal of the Writ Petttion with liberty to avail the appellate remedy, however, that ws»snot altowed andl the Writ Petition was dismissed in limine. Shri Sharma does not dispute that the order passed by the Tehsildar Sn a revenue proceedings, is appealable before Sub Divlsional Officer under Section 44 of the Chhattisgarh Land Revenue Cocte. Though the writ Court has dismissed the Writ Petition in limine, but it has not expressed any view on merits of the order passed by the Tehsildar. In view of the above, we do not deem it apprepriate to entertain this Writ Appeal. The Writ Appeal, therefore, is dismissed. Howwer, a liberty Is reserved to the appetlants/petitionere to fite a duly constituted appeal before the Sub Divisional Officer chatlenging the order dated 11.7.2011, passed by Tehsildar, Kunkuri in Revenue CaseNo. 15/A- 70/2008/2009. If such an appeal is filed, it shalt be declded on merits by the said authority without beiiig influenced by ttie observafions made by the Single Judge or by this Court. ——— Sd/- Sunil Kumar Sinha Judge Sd/- R.S. Sharma Judge ^\ ^