High Court Of ChhattisgarhWPC/1149/2016disposed off

Sahni Ram v. Union Of India

2016-05-03Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1149 of 2016 Sahni Ram S/o Tukum, Aged About 40 Years R/o Village Faraswani, Tahsil And P.S. Dabhra, District Janjgir Champa Chhattisgarh ---- Petitioner

Versus

1. Union Of India Through Secretary, Ministry Of Tribal Affairs Shastri Bhawan, New Delhi,

2. State Of Chhattisgarh Through The Secretary, Department Of Tribal Affair, Mahanadi Bhawan, Naya Raipur, Mantralaya, District Raipur Chhattisgarh

3. Collector, Janjgri District Janjgir Champa Chhattisgarh

4. Sub Divisional Officer, (Revenue), Dabhra, District Janjgir Champa Chhattisgarh

5. District Registrar, Janjgir District Janjgir Champa Chhattisgarh

6. Deputy Registrar, Dabhra, District Janjgir Champa, (Chhattisgarh)

7. District Level Caste Scrutiny Committee, Collectorate Premises District Janjgir Champa Chhattisgarh

8. Tahsildar, Tahsil Dabhra, District Janjgir Champa Chhattisgarh ---- Respondents For Petitioner :

Shri K.K. Patel, Advocate For Union of India :

Ms. Poornima Singh, Advocate on advance copy For respondent/State :

Shri Satish Gupta, Government Advocate S.B.:

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 03/05/2016 Heard.

1. This petition has been filed by the petitioner seeking a direction to

respondents to process petitioner's application for alienation of agricultural land without raising any objection on the ground of petitioner being a Scheduled Tribe of "Saunra" community.

2. Learned counsel for the petitioner has placed reliance upon an order passed by the Division Bench of this Court on 03/04/2013 in the case of Vasudev Sharma Vs. State of Chhattisgarh and ors to contend that "Saunra" has not so far been added in the list of Scheduled Tribe by any Parliamentary legislation.

3. Learned State counsel could not dispute legal position adumbrated in order dated 03/04/2013 passed in WP (PIL) No.13/2013.

4. In view of above, the respondent authorities are directed to act in conformity with the legal position as stated in order dated 03/04/2013 passed by the Division Bench of this Court keeping in mind that till date "Saunra" has not been included in the list of Scheduled Tribe though process may have been initiated.

5. It is made clear that the same legal position will apply in the case of the petitioner also.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha