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2021 Supreme(Chh) 358

RAJENDRA CHANDRA SINGH SAMANT
Sunil Tawari, S/o. Shri S. N. Tawari – Appellant
Versus
Janak Ram Kurre, S/o. Gannu Kurre – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Raghavendra Pradhan, Advocate, Mr. Manoj Paranjpe, Advocate, Mr. D.P. Singh, Dy. Advocate General
For the Respondent:Mr. Amit Sharma & Mr. Himanshu Soni, Mr. Shiv Kumar Shrivastava, Advocate, Mr. Manoj Kumar Sinha, Advocate, Mr. Bharat Rajput, Advocate, Mr. D.P. Singh, Dy. Advocate General

ORDER :

Rajendra Chandra Singh Samant, J.

1. All these petitions have been brought challenging the orders of the Revenue Board in exercise of revisional jurisdiction.

2. Preliminary objections have been raised by the respondents on this ground, that these petitions under Article 227 of the Constitution of India are not maintainable pursuant to the judgment of this Court in Dr. Ram Sharan Lal Tripathi Vs. State of C.G., reported in AIR 2016 C.G. 17, in which, it has been held by the Single Bench of this Court that the Board of Revenue is not a civil Court, but is revenue authority established under the C.G. Land Revenue Code, 1959 (hereinafter referred to as “the Code, 1959”) therefore, the petitions under Article 227 of the Constitution of India shall not be maintainable.

3. Mr. Manoj Paranjpe, counsel appearing on behalf of the petitioner in W.P.(227) No. 84 of 2017 would submit, that the objection raised by the respondents side is misconceived. There is no such finding of the learned Judge in case of Dr. Ram Sharan Lal Tripathi (Supra) that a petition under Article 227 of the Constitution of India shall not be maintainable at all.

4. It is submitted that Article 227 of the Constitutio

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