Rajnish Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (PIL) No. 57 of 2017

1. Rajnish Sahu S/o Shri P.R. Sahu, aged about 47 years, R/o Kapil Nagar Sarkanda, Bilaspur, Tahsil & District Bilaspur (C.G.)

2. Ramkhilawan Sahu S/o Late Shri Ashok Kumar Sahu, aged about 64 years, R/o Jarve, Post - Janjgir-Champa, Tahsil & District Janjgir-Champa (C.G.) ---- Petitioners

Versus

1. The State of Chhattisgarh, Through : The Secretary, Revenue Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, P.S. Rakhi, Tahsil & District Raipur (C.G.)

2. The Collector, Bilaspur, District Bilaspur (C.G.)

3. The Sub Divisional Officer (Revenue), Bilaspur, District Bilaspur (C.G.)

4. The Tahsildar, Bilaspur, District Bilaspur (C.G.)

5. The Revenue Inspector, Bilaspur Circle, District Bilaspur (C.G.) ---- Respondents For Petitioners :

Shri S.C. Verma, Advocate For State/Respondents :

Shri Yashwant Singh Thakur, Additional Advocate General Hon'ble Shri Thottathil B. Radhakrishnan, Chief Justice Hon'ble Shri Sharad Kumar Gupta , Judge Order on Board Per, Thottathil B. Radhakrishnan, Chief Justice 02/08/2017

1. This matter was initially instituted as a writ petition voicing grievances and seeking relief on the basis of rights claimed by the 2nd Petitioner. It is later converted as a Public Interest Litigation in view of the larger issue

attempted to be raised.

2. Heard the learned counsel for the Petitioners and the learned Additional Advocate General.

3. The Petitioners, of whom the 2nd Petitioner appears to be personally aggrieved by certain acts or omissions of the official respondents and other government servants, contend that there is wide spread fraud practiced in relation to sale and change of relevant entries in the register maintained by the Revenue Department. The fact of the matter remains that the litigations relate to private land though it is submitted by the learned counsel for the Petitioners that the government land including a tank, abut the private land.

4. If the 2nd Petitioner or any other person has any personal grievance, that has to be worked out elsewhere in accordance with statutory provisions or through the jurisdictional civil court, which adjudicate on rights to property.

5. It is pointed out by the Respondents through the return dated 31.7.2017 that an F.I.R. has been registered in the Sarkanda Police Station for different provisions punishable under the Indian Penal Code including Section 120 B and Section 13 (1) (d) (b) and 13 (2) of the Prevention of Corruption Act.

6. In the light of the aforesaid factors, this writ petition is ordered without entering into merits as regards claim made by the Petitioners or any other person, but directing that due action shall follow on the factors mentioned in the return filed by the State and the 2nd Petitioner will be at liberty to pursue his remedy in appropriate jurisdiction.

7. The writ petition is ordered accordingly. Sd/- Sd/- (Thottathil B. Radhakrishnan) (Sharad Kumar Gupta) Chief Justice Judge vatti