Dhaanu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3531 of 2021

1. Dhaanu S/o Satlu Aged About 56 Years Caste Baiga,

2. Bajru S/o Dharmu Aged About 59 Years Caste Baiga, .

3. Bhavra S/o Jhiga Aged About 65 Years Caste Baiga, .

4. Phool Singh S/o Garbhu Aged About 51 Years Caste Baiga, .

5. Birsa Bai D/o Aartu Aged About 53 Years Caste Baiga, All resident of Village Matpur, Village Panchayat Matpur Post Office Kaamti Police Station Kukdur Tahsil Pandariya District Kabirdham Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through Collector, District Kabirdham Chhattisgarh.

2. Sub Divisional Officer Tahsil Pandariya District Kabirdham Chhattisgarh

3. Tahsildar Tahsil Pandariya District Kabirdham Chhattisgarh

4. Superintendent Of Police District Kabirdham Chhattisgarh

5. Station-In-Charge Of Police Station Kukdur, Tahsil Pandariya District Kabirdham Chhattisgarh

6. Tulsi Kurre S/o Adhraji Satnami Aged About 65 Years .

7. Jagdish S/o Tirtha Satnami Aged About 51 Years .

8. Bisahu Satnami

9. Modkamal S/o Jogiram Satnami 10.Jitendra S/o Jogiram Satnami Aged About 49 Years

11. Bajrang Bali S/o Jogiram Satnami Aged About 40 Years 12.Ratan S/o Bangla Prasad Satnami Aged About 43 Years 13.Shail Kumari W/o Vedram Satnami Aged About 44 Years Respondent No.6 to 13 are R/o Village Matpur, Village Panchayat Matpur, Post Office Kaamti, Police Station Kukdur, Tahsil Pandariya District Kabirdham Chhattisgarh ---- Respondents

For Petitioners :

Shri Awadh Tripathi, Advocate For Respondents/State :

Shri Gagan Tiwari, Dy. GA Hon'ble Shri Justice Goutam Bhaduri Order 02/09/20

1. Heard.

2. Learned counsel for the petitioners would submit that the petitioners were granted government lease of land at village Matpur, Tahsil Pandariya, District Kabirdham. He referred to certain lease which was granted in favour of the petitioners and would submit that the petitioners belong to the below poverty line category and the lands were granted them to ensure their livelihood by the State.

3. It is contended that respondents No.6 to 13 though they have no right to dispossess the petitioners are trying to dispossess them by muscle power and when the complaints are being made to the Police, Kukdur and to the Naib Tehsildar, the cognizance has not been taken and the petitioners are restrained even to approach to the Government Officers. Therefore, the Collector may be directed to direct the officers to ensure to arrest the atrocities on the petitioners.

4. Prima facie, the documents would show that certain lease was granted to the petitioners through their predecessors and the petitioners' names were recorded in the revenue records. Certain complaints are also recorded which were made to the Police Officers i.e. the SHO, Police Station Kukdur, Tehsil Pandariya on 09.08.2021. The complaint is also made to the Tehsildar and the SDO that the petitioners are being restrained to cultivate their lands. Under

these circumstances, considering the fact that the report has been made to the Superintendent of Police and the Collector, the Superintendent of Police, District Kabirdham is directed to look into the matter so that the quarrel is not aggravated and the petitioners are not forcefully evicted by anyone whosoever otherwise than in due course of law.

5. With the aforesaid observation, the writ petition stands disposed of. SD/Sd/- Goutam Bhaduri Judge Ashu