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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

WPCR No. 93 of 2022

 Fariduddin @ Farid Khan S/o Late Qamruddin, Aged About 30

Years R/o Rajiv Nagar, Dward No. 6, New Bus Stand, Katghora,

District Korba, Chhattisgarh.

---- Petitioner

Versus

1. State of Chhattisgarh, Through : Its Secretary Department of

Home Affairs, Mahanadi Bhavan, Atal Nagar, Nava Raipur,

Chhattisgarh.

2. District Magistarte Korba, Rampur Road, Rampur, Korba,

Chhattisgarh.

3. Sub Divisional Magistrate Katghora Tehsil Premises, Katghora,

Korba, Chhattisgarh.

4. State of Chhattisgarh, Through: Station House Officer Police

Station Balco Nagar, District Korba, Chhattisgarh.

---- Respondents

For Petitioner

:

Mr. N.K. Shukla, Senior Advocate Assisted

by Mr. Rasika Soni, Adv.

For State

:

Mr. Ghanshyam Patel, G.A.

Hon'ble Smt. Justice Rajani Dubey

Order on Board

24/01/2022

Proceeding through video conferencing.

Heard.

1.

The present petition is being preferred against the notice dated

11.11.2021 passed by Respondent No. 2 in Criminal Case No.

202111050400020 of 2021/2022 in respect to proceedings under Section

3, 5 of the Chhattisgarh State Safety Act 1990.

2.

Learned State counsel submits that the petitioner has filed this

petition against the notice dated 11.11.2021 issued by respondent No. 2

District Magistrate Korba, Rampur Road, Rampur, Korba, C.G. while the

petitioner has an alternate forum for redressal of his dispute before the

authority, who has issued the impugned notice dated 11.11.2021 and

prayed to dispose of this petition with appropriate direction in the matter.

3.

In view of aforesaid submission, I have perused the matter. I have

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found that the petitioner has filed this petition against the notice dated

11.11.2021 issued by the District Magistrate, Korba, C.G. in Criminal Case

No. 202111050400020 of 2021/2022 for appearance of the petitioner.

4.

As the petitioner has remedy for redressal of his dispute to file his

objections and to get opportunity of hearing in the Court of District

Magistrate, Korba and in that circumstances by ignoring the jurisdiction fo

the aforesaid authority, this petition filed under Article 226 of the

Constitution of India could not be entertained. It is settled proposition of

law that when the alternate efficacious forum for redressal of the dispute

is available under the statutory provision then the extraordinary

jurisdiction of this Court vested under Article 226 of the Constitution of

India could not be invoked in the matter.

5.

In the aforesaid basis, without expressing any opinion on merits of

aforesaid notice, this petition is hereby disposed of by extending an

opportunity to the petitioner to approach and file his objections before

the authority of District Magistrate, Korba, C.G. and pursuant to it, the

District Magistrate, Korba is directed to proceed with the matter in

accordance with the procedure prescribed under the law.

6.

The petition is disposed of with aforesaid observation, liberty and

direction.

Sd/-

(Rajani Dubey)

Judge

H.L. Sahu