Shivshankar Pathak & Ors. v. RESPQNDEMTS

HIGH COURT OF CHHATTISGARH AT BILASPUR S.B: Hon'ble Shri Prashant Kumar Mishra. J. Writ Petition (2271 No.445/2012 PETITIONERS Shivshankar Pathak and others Versus RESPQNDEMTS Sheikh Naemullah and another Shri Sandeep Shrivastava, counsel for the petitioners. Shri Satish Gupta, G.A. for the State. ORALORDER (9.07.2012) Aggrieved by the order of eviction passed by the Rent Controlling Authority in exercise of powers under Section 23 (A) of the Chhattisgarh Accommodation Control Act, 1961, the petitioners preferred an appeal under Section31 of the Act before the District Judge, Kanker. (2) The said appeal of the petitioners has been dismissed on the ground that against an order of eviction passed under Section 23 (A) of the Act a revision petition is maintainable in the High Court under SecUon 23 (E) of the AcA. (3) In the opinion of this court, leamed District Judge has not committed any iltegality in view of the specific provision of law as contained under Section 23 (E) of the Act under which the petitioners can prefer a revision before the High Court. SS.- (4) (5) In view of the above, this writ petition deserves to be dismissed. Even otherwise, an order passed under Section 31 of the Act is amenable as a second appeal under Section 32 of the Act which lies before this court. (6) (7) (8) Thus, considering from any angle, this petition is not maintainable. Accordingly, it is dismissed as not maintainable. The petitionere, if they so desire, may prefer a duly constituted revision under Section 23 (E) of the Act, 1961. Certified copy of the impugned order shall be returned to learned counset for (9) the petitioners on supplying xerox copy thereof. Sd//- Pras^ aar staa Judge -. it|!iii^ntj!ffitnTOX'-iNinni!Bgt3eias ^ws&^^ssf^^'sm^s^^'^i^^^t^g^asasES'wiasHiH &d^sn iiwI*i*«i»te^S««w^fflfs^(gNN^^