Ramlal v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(Cr.) No. 215 of 2016

1. Ramlal, S/o. Budhram, Caste-Kanwar, aged about 85 years,

2. Baratu, S/o. Ramlal, Caste Kanwar, aged about 57 years,

3. Jethoo, S/o. Ramlal, Caste- Kanwar, aged about 55 years,

4. Chhertu, S/o. Ramlal, Caste-Kanwar, aged about 53 years,

5. Ammelal, S/o. Baratu, Caste - Kanwar, aged about 37 years, All are R/o. Village- Bundiya, Police Station Bhatgaon, Tahsil Bhaiyathan, District - Surajpur (C.G.) ----Applicants

Versus

1. State of Chattisgarh, Through : Secretary, Home Department, Mantralaya Mahanadi Bhawan, Naya Raipur (C.G.)

2. Director General of Police, Chhattisgarh, Police HQs, Mahanadi Bhawan, Naya Raipur (C.G.)

3. Inspector General of Police, Chhattisgarh, Surguja Divn. Ambikapur, District - Surguja (C.G.)

4. Superintendent of Police, District - Surajpur (C.G.)

5. Station House Officer, Police Station Bhatgaon, Tahsil - Bhaiyathana, District - Surajpur (C.G.) ---- Respondents For Applicants :

Mr. Sushil Dubey, Advocate For Respondent/State :

Mr. Ashutosh Pandey, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 17/10/2016 1.

The instant petition has been filed, whereby the relief is sought to take action against the respondent No.5, Station House Officer, Police Station - Bhatgaon, District - Surajpur as he is pressurizing the petitioner to deliver possession of land to the third party. 2.

Learned counsel for the petitioners would submit that the petitioners are being pressurized to deliver a possession of a land, which is under dispute before the Tahsildar and the police authority can not ask the petitioner to deliver possession to third party, consequently, the respondent No.3 and 4, Inspector General of Police, Surguja Division,

Page No.2 and Superintendent of Police, District - Surajpur may be directed to take action against the respondent No.5, Station House Officer, Bhatgaon. He further submits that representation has been filed before the Superintendent of Police, District - Surajpur and he may be directed to decide the same.

3.

Perused the documents filed along with the petition without going into merits, prima-facie it appears one representation (Annexure P/1) has been filed by the petitioners before the Superintendent of Police, District - Surajpur.

4.

In view of the above, Superintendent of Police, District Surajpur is directed to decide the same within further period of two months from the date of receipt of this order.

5.

The petitioners shall be at liberty to make a fresh representation before the Superintendent of Police, Surajpur.

6.

With such observation, the petition stands disposed off. Sd/- (Goutam Bhaduri) Judge Balram