Blog

In the case of the second relief, if the Commissioner’s revision is still waiting, and the subject has already been seized by the Commissioner, the relief cannot be awarded by the court hearing the writ petition is upheld by the High Court of Chhattisgarh through the learned bench led by Hon’ble Shri Justice P. Sam Koshy in the case of SUKARU Vs. MADAN MANJHI (WP(C) 4731 of 2021).

Brief facts of the case are that the current writ petition is challenging the Commissioner, Bilaspur Division’s order dated 05.03.2021, in which the interim application was denied. The order of the Additional Collector, Raigarh, dated 06.03.2020, in which the petitioner’s appeal was refused, is also being challenged.

In terms of the first component of the order, the court does not believe there is a compelling reason to overturn the impugned order dated March 5, 2021, which denied the petitioner’s interim application.

This court finds no reasonable justification to overturn the impugned order dated 05.03.2021 rejecting the petitioner’s interim application. As for the second relief, if the Commissioner’s revision is still pending and the subject has already been seized by the Commissioner, the relief cannot be granted by the court hearing the writ petition.

However, given that the revision petition is still pending before respondent, the ends of justice would be served if the writ petition were to be dismissed at this time, directing the respondent to consider and decide the revision petition on its own merits in accordance with law as soon as possible. As a result, the writ petition is dismissed with the said observations.

Click here to read the Judgement

Judgement reviewed by – Pooja Lakshmi