High Court Of ChhattisgarhWPC/1068/2021dismissed

Sidar Singh Sidar v. State Of Chhattisgarh

2021-02-24Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1068 of 2021

1. Sidar Singh Sidar S/o Late Harish Chandra Aged About 75 Years Through Power Of Attorney Holder Nehru Lal Sidar, S/o Sidar Singh Sidar, Aged About 56 Years

2. Nehru Lal Sidar S/o Sidar Singh Sidar Aged About 56 Years Both R/o Village- Pajharapali, P.S. Basna, Tahsil- Saraipali, DistrictMahasamund, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, DistrictRaipur, Chhattisgarh.

2. Chief Executive Officer Zila Panchayat Mahasamund, District- Mahasamund, C.G.

3. Tahsildar Saraipali District- Mahasamund, C.G.

4. Resham Lal Nand S/o Ramprasad Nand Aged About 55 Years R/o VillagePajharapali, P.S. Basna, Tahsil- Saraipali, District- Mahasamund, C.G. ---- Respondents For Petitioners :

Shri F.S. Khare, Advocate For Respondents/State :

Shri Gagan Tiwari, Dy. GA Hon'ble Shri Justice Goutam Bhaduri Order 24/02/20

1. Heard.

2. Learned counsel for the petitioners would submit that the petitioners have filed an application against Respondent No.4 to initiate an enquiry as he has committed offence of cheating and forgery and has encroached upon the

government land, therefore, the necessary action be taken against the respondent No.4. He would further submit that the petitioners have made an application to the CEO, Zila Panchayat, Mahasamund on 03.10.2019 but nothing has transpired.

3. If the petitioner is sanguine of the fact that respondent No.4 has committed the offence of forgery and cheating then thereby the cognizable offence was committed, in such case, he may approach the concerned police to lodge complaint and in respect of encroachment on the government land, a complaint can be made to the revenue authorities under the provisions of C.G. Land Revenue Code, 1959. On a general preposition which is been made, no omnibus order can be passed to initiate an enquiry against respondent No.4 on such dual aspect.

4. Accordingly, the petition is dismissed. However, the petitioner may avail the general remedy as available to him under the common law. SDSd/- Goutam Bhaduri Judge Ashu