LAWS(CHH)-2009-2-20

DWARIKA DHISH AHUJA Vs. STATE OF CHHATTISGARH

Decided On February 26, 2009
DWARIKA DHISH AHUJA Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) THIS petition impugns the order dated 01. 10. 2007 (Annexure P/1 and P/2) on the ground that no reasonable opportunity of hearing was afforded to the petitioner. Shri awasthy, learned senior counsel appearing for the petitioner submits that if he takes recourse to statutory remedy available under the law, it is not efficacious.

(2.) THE Chhattisgarh Land Revenue Code, 1959 (hereinafter referred to as `the Code, 1959') is a self contained. It provides for grant of relief and other remedies. The Code, 1959 further provides for appeal and appellate authorities in Chapter V, section 44. This is a case where in normal course, an appeal is maintainable before the Sub Divisional officer against the order of the Tahsildar, then to the collector and then to the Board of Revenue.

(3.) SHRI Awasthy further submits that alternative remedy available to the petitioner is not efficacious. The contention of learned counsel that the remedy is not efficacious does not merits acceptance as the statutory remedy is provided in the court below as more effective and efficacious remedy then the writ petitions in the High Court wherein cases of all the nature are pending consideration.