Chhattisgarh Kranti Sena v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (PIL) No. 69 of 2020 • Chhattisgarhiya Kranti Sena, Through: Its State President, Amit Baghel, S/o Ramkumar Baghel, aged about 47 years, having its office at 543, 5th Floor, Magneto Mall, Raipur, District Raipur (C.G.) ---- Petitioner

Versus

1. State of Chhattisgarh, Through: Its Chief Secretary, Mantralaya, Naya Raipur, District Raipur (C.G.)

2. Secretary, Department of Revenue & Disaster Management, Government of Chhattisgarh, Mantralaya, Naya Raipur, District Raipur (C.G.) ---- Respondents For Petitioner :

Ms. Rajni Soren, Advocate.

For Respondents/State :

Shri Sudeep Agrawal, Deputy Advocate General. Hon'ble Shri P. R. Ramachandra Menon, Chief Justice Hon'ble Shri Justice Parth Prateem Sahu, Judge Order on Board Per P. R. Ramachandra Menon, Chief Justice 24.08.2020 1.

The Petitioner has moved this Court with the following prayers: "(i) Set aside impugned order dated 11.09.2019 issued by the Department of Revenue & Disaster Management, Government of Chhattisgarh for want of authority;

(ii) Declare and set aside impugned order dated 11.09.2019 issued by the Department of Revenue & Disaster Management, Government of Chhattisgarh as ultra vires of the Chhattisgarh Land Revenue Code 1959, Chhattisgarh Nagariya Kshetron Ke Bhoomihin Vyakti (Pattadhriti Adhikaron Kan Pradan Kiya Jana) Adhiniyam, 1984, Chhattisgarh Ceiling on Agricultural Holdings Act, 1960, Forest Conservation Act, 1980 and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006;

(iii) Declare and set aside order dated 11.09.2019 issued by the Department of Revenue & Disaster Management, Government of Chhattisgarh as being violative of the fifth schedule to the Constitution of India;

(iv) Declare and set aside order dated 11.09.2019 issued by the Department of Revenue & Disaster Management, Government of Chhattisgarh as being violative of Article 14 of the Constitution of India;

(v) Set aside all proceedings and executive action carried out in furtherance of impugned order dated 11.09.2019 issued by the Department of Revenue & Disaster Management, Government of Chhattisgarh;

(vi) Pass any other order the Hon'ble Court may deem fit in the interest of justice."

2.

Ms. Rajni Soren, the learned counsel appearing for the Petitioner submits that Annexure P/1 order dated 11.09.2019 has already been subjected to challenge before this Court in a similar Public Interest Litigation filed as Writ Petition (PIL) No. 60 of 2020.

3.

Shri Sudeep Agrawal, the learned Deputy Advocate General points out that in another similar matter bearing Writ Petition (PIL) No. 66 of 2020, which came up for consideration on 10.08.2020, this Court observed that insofar as the projected cause of action is already pending, there need not be more 'Public Interest Litigation' on the same subject and the interested parties could file appropriate application to get impleaded in the pending matter. 4.

In the said circumstance, the learned counsel for the Petitioner seeks for permission to withdraw this matter without prejudice to the rights and liberties of the Petitioner to file appropriate proceedings by way of interlocutory applications in the pending Writ Petition (PIL) No. 60 of 2020. Permission is granted.

5.

The present writ petition is dismissed as withdrawn. Sd/- Sd/- (P. R. Ramachandra Menon) (Parth Prateem Sahu) Chief Justice Judge Brijmohan