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Judgment
Hon’ble Shri Justice Rakesh Mohan Pandey
Since common question of law and fact is involved in all these writ petitions and since they have been filed against a common order passed by the Collector, Raigarh, therefore, these writ petitions have been clubbed together, heard together and are being decided by this common order.
By way of these writ petitions under Article 226 of the Constitution of India, the petitioner has challenged the order impugned passed by the Collector, Raigarh (similar orders though passed on different dates in different revenue cases) whereby the lease deeds granted to the petitioner have been cancelled.
Learned counsel for the petitioner would submit that sufficient opportunity was not afforded to the petitioner and the procedure contemplated in the Land Revenue Code itself was not followed and the order by this Court in WP227/973/2015 and other connected matters has also not been complied with in its letter and spirit. Thus, he would pray that the impugned orders passed by the Collector, Raigarh may be set aside.
On the other hand, learned State counsel would submit that the order passed by the Collector, Raigarh are appealable before the Commissioner as per the provisions contained under the Land Revenue Code, as such, these writ petitions are not maintainable and are therefore, liable to be dismissed on that ground.
I have heard learned counsel for the parties, considered their submissions and perused the writ petitions.
Having considered the fact that as per the provisions contained under the Land Revenue Code or as per the Revenue Book Circular, the impugned order passed by the Collector, Raigarh is appealable before the superior revenue authority, being the Commissioner, these writ petitions are not maintainable.
Accordingly, these writ petitions are disposed of reserving liberty in favour of the petitioner to approach the superior revenue authority to avail the remedy available under the law.
Certified copy of the order be returned after retaining xerox copy.