JUDGMENT :

Sanjay K. Agrawal, J.

1. This writ appeal is directed against the impugned order dated 13/09/2022 passed by learned Single Judge in WP227 No. 588/2018 (Bhondu @ Barati & others v. Bhangin Bai & others) whereby order dated 06/06/2018 passed by the Board of Revenue has been set aside.

2. Ms. Archi Agrawal, learned counsel for the appellant, would submit that in view of the decision rendered by this Court in the matter of Dr. Ram Sharan Lal Tripathi v. State of Chhattisgarh, 2015 SCC Online Chh 1521 : AIR 2016 Chh 17, the writ petition preferred by the respondents No. 1 to 4 herein against the order passed by the Board of Revenue was actually filed under Article 226 of the Constitution of India, as such, against the impugned order passed by learned Single Judge, writ appeal under Section 2(1) of the Act of 2006 would be maintainable.

3. Mr. P.R. Patankar, learned counsel for respondents No. 1 to 4, would submit that since the writ petition preferred against the revisional order of Board of Revenue was under Article 227 of the Constitution of India, therefore, by virtue of proviso to Section 2(1) of the Act of 2006, the instant writ appeal is expressly barred.

4. We have heard le