Chandrika Prasad Kushwaha v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPPIL No. 66 of 2018

1. Chandrika Prasad Kushwaha S/o Shri Shivratan Kushwaha Aged About 39 Years R/o- Village Podi, P.O. Kevda, Police Station And Tahsil- Pratappur, DistrictSurajpur, Chhattisgarh.

2. Kanwal Sai S/o Mundari Singh Aged About 45 Years R/o- Village- Ramkola, Police Station- Ramkola, District- Surajpur, Chhattisgarh.

3. Rakesh Mittal S/o Radheshyam Mittal Aged About 38 Years R/o- Main Road, Pratappur, District- Surajpur, Chhattisgarh.

---- Petitioners

Versus

1. State Of Chhattisgarh Through- The Secretary, Forest Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh.

2. Principal Chief Conservator Of Forest (Wildlife), Chhattisgarh. Aranya Bhawan, Sector-19, North Block, Naya Raipur, Chhattisgarh.

3. Chief Wildlife Warden, Chhattisgarh. Aranya Bhawan, Sector-19, North Block, Naya Raipur, Chhattisgarh.

4. Principal Chief Conservator Of Forest (Forest), Chhattisgarh. Aranya Bhawan Sector-19, North Block, Naya Raipur, Chhattisgarh.

5. Chief Conservator Of Forest (Wildlife) District- Sarguja, Chhattisgarh.

6. Deputy Director, Elephant Reserves Tamor Pingla Wildlife Sanctuary, DistrictSarguja, Chhattisgarh.

7. Superintendent Tamor Pingla Wildlife Sanctuary, Game Ranger, Ramkola Range, District Sarguja, Chhattisgarh.

8. Collector Surajpur, District- Surajpur, Chhattisgarh.

9. Tehsildar Pratappur, District- Surajpur, Chhattisgarh. 10.Superintendent Of Police District- Surajpur, Chhattisgarh.

11. Thana In- Charge Police Station Ramkola, District- Surajpur, Chhattisgarh. ---- Respondents For Petitioners : Smt. Rajni Soren, Advocate.

For Respondent/State : Shri A.S. Kachhawaha, Additional Advocate General. Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 12/12/2018 Per Ajay Kumar Tripathi, Chief Justice 1.

Heard counsel for the parties.

2.

Certain nit-picking is sought to be done in the report of the Chief Conservator of Forest by way of a rejoinder served and filed on behalf of the Petitioners.

3.

This Court will not get into the exercise of fact finding over and beyond the facts which emerge of affidavits. However, we do leave to the wisdom of the Petitioners that if they want to set the law into motion, they are free to take action against persons who have committed any offence of substantive kind. 4.

PIL stands disposed off in terms of the above. Sd/- Sd/- (Ajay Kumar Tripathi) (Parth Prateem Sahu) CHIEF JUSTICE JUDGE Yogesh