HIGH COURT OF JUDICATURE CHHATTISGARH : BILASPUR SINGLE BENCH : HON'BLE 5HR! 5.R. NAYAK, C.J. WRIT PEDTION N0.179 OF 2008 Versus iSPONDENT! 4. Pradeep Gupta Aged 45 yrs. S/o Shri Chaturi Sao R/'o Gram : Bhavarmai Tah:Pa! Distt: Surguja CG Shri Jhari Singh S/o Shri Haikhan Khairwar Shri Samiran S/o Shri Govind Khaimar Both : r/o Gram ; Chandanpu; Tah. Pa!, Di-stt. Surguja C.G. State of Chhattisgarh Through : The Coiiector DisS. Surguja CG Hon'ble Board of Revenue Through: The Secretary To the Board of R&venue, NearSwimmmg Pool, Bitaspur CG Mr. Anurag Dayal Shrh/astava, learned counsei for the petitioner. Mr. Yashwant Singh, tearned Govt. Adv., for the State of Chhattisgarh. on 17tn January, 2006) The reyjsion filed by the petitioner herein to the Board of Revenus, the fourth respondent herein, against the order of the Coiiector, iurguja, the third respondent herein, is pending. The fourth respondent haa' initially granted tnterim order staying operation of the order of the District Coitector, Surguja. However, on appearance of respondente 1 ana' ^ 2 and they making an appiication for vacating stay, the fourth respondent, by the order impugned in fhis writ petition, has vacated interim order. (2) The oniy thing to be seen is whether the fourth respondent, Soard of Revenue, has exercised the dlscretion vested in it judiciously and fairiy. What weighed with the fourth respontient in vacating the interim order is the finding recorded by the District Collector that the subject land was purchased by the petitioner in violation of tha mandatory provisions of Seotion 173-B ofthe Chhattisgarh Land Revenua Code, 1959. Thwefore, it cannot be said that the fourth respondent acted arbitrariiy tn vacating the interim order. Be tha{ as it may, the High Court wouid not be justified under Artlcies 226 and 227 of the Consttution to lightiy interfere with the discretion order made by the statutory authority In exercise of the discretion vested in it. The writ petition is, therefore, dismissed. However, the fourth respondent is directed to dispose of the revision filed by the petifioner expeditiously st any rate wiihin a period of three months from the dats of receipt of a copy of this order. r— — — Sd;- Chief Justice 6^<A