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2021 Supreme(Chh) 336

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
P. SAM KOSHY, J.
Sukaru S/o Late Lala – Petitioner
Versus
Madan Manjhi S/o Shri Durjan – Respondent
Writ Petition (C) No. 4731 of 2021
Decided On : 07-12-2021

Advocates:
Advocate Appeared:
For the Petitioner: Shri Manoj Kumar Sinha.
For the Respondent: Shri Rakesh Jha.

Headnote:

Constitution of India, 1950 - Article 226 - Writ Petition - Power of High Court to issue writs - Writ Petition is to order whereby interim application has been rejected by Commissioner, Bilaspur Division - Challenge also is to order passed by Additional Collector, Raigarh whereby appeal preferred by petitioner has been rejected - Held, considering fact that revision petition is still pending before respondent, ends of justice would meet if the writ petition at this juncture stands disposed of directing respondent to consider and decide revision petition on its own merits in accordance with law at earliest - Writ Petition accordingly stands disposed of.

JUDGMENT :

P. SAM KOSHY, J.

1. Challenge in the present writ petition is to the order Annexure P/1 dated 05.03.2021 whereby the interim application has been rejected by the Commissioner, Bilaspur Division. Challenge also is to the order passed by the Additional Collector, Raigarh dated 06.03.2020 (Annexure P/2) whereby the appeal preferred by the petitioner has been rejected.

2. So far as the second relief is concerned, the revision before the Commissioner is still pending and when the matter is already seized by the Commissioner, the said relief cannot be granted by this court entertaining the writ petition. As regards the first part of the order is concerned, this court does not find any strong case made out calling for an interference with the impugned order dated 05.03.2021 rejecting the interim application filed by the petitioner. However, considering the fact that revision petition is still pending before the respondent No. 8, ends of justice would meet if the writ petition at this juncture stands disposed of directing the respondent No. 8 to consider and decide the revision petition on its own merits in accordance with law at the earliest.

3. The writ petition accordingly stands disposed of with the aforesaid observations.

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