ORDER :

1. At the outset, learned counsel for respondents-State submits that the order under challenge is passed by the Commissioner Durg Division, District Durg, C.G. under Section 44(2) of the Chhattisgarh Land Revenue Code, 1959 in second appeal and petitioner is having efficacious alternate statutory remedy of revision under Section 50(iii) of the Land Revenue Code.

2. When the question is posed to learned counsel for petitioner with respect to alternate remedy of revision against the order impugned, he fairly submitted that though the remedy of revision is available under the Land Revenue Code, however, writ petition is filed on the ground that the civil suit was filed and against the judgment and decree, first appeal was filed and now second appeal is pending before the High Court on the same facts and grounds. The objection was raised by the petitioner before the authority below, however, has not considered and therefore this writ petition is filed.

3. Entertaining the writ petition under Article 226 of the Constitution of India in view of the efficacious alternate remedy is only in exceptional circumstances as observed by Hon’ble Supreme Court in the matter of Whirlpool Corpor