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High Court Of ChhattisgarhWPC/3068/2016disposed off

Firdosh Ahmad v. State Of Chhattisgarh

2016-12-14Hon'Ble Shri Justice Prashant Kumar Mishra4 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3066 of 2016 • Firdosh Ahmad S/o Late Ashique Ali, Caste-Muslim, Aged About 45 Years, R/o Village Mahalpara Road, Dabripara, Tehsil Baikunthpur, Revenue & Civil District Koriya Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Collector Surajpur, Civil & Revenue District Surajpur Chhattisgarh

2. Sub Divisional Officer, Surajpur Civil & Revenue District Surajpur Chhattisgarh

3. Tehsildar, Surajpur Revenue & Civil District Surajpur Chhattisgarh

4. Bhajju S/o Gedi, Aged About 67 Years (Seller), Caste Rajwar, R/o Badkapara Surajpur Tahsil & P.S. Surajpur Civil & Revenue District Surajpur Chhattisgarh

5. Rajesh Kumar (Power Of Attorney Older), S/o Ambelal, Caste Ahir, R/o Village Chopan, Post Sirsi, Tehsil Bhaiyathan, P.S. Surajpur, Civil & Revenue District Surajpur Chhattisgarh

6. Chhattisgarh Lok Ayog, through Secretary, Gandhi Chowk, ---- Respondent And WPC No. 3068 Of 2016 • Firdosh Ahmad S/o Late Ashique Ali, Caste-Muslim, Aged About 45 Years, R/o Village Mahalpara Road, Dabripara, Tehsil Baikunthpur, Revenue & Civil District Koriya Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Collector Surajpur, Civil &

Revenue District Surajpur Chhattisgarh

2. Sub Divisional Officer, Surajpur Civil & Revenue District Surajpur Chhattisgarh

3. Tehsildar, Surajpur Revenue & Civil District Surajpur Chhattisgarh

4. Bhajju S/o Gedi, Aged About 67 Years (Seller), Caste Rajwar, R/o Badkapara Surajpur Tahsil & P.S. Surajpur Civil & Revenue District Surajpur Chhattisgarh

5. Rajesh Kumar (Power Of Attorney Older), S/o Ambelal, Caste Ahir, R/o Village Chopan, Post Sirsi, Tehsil Bhaiyathan, P.S. Surajpur, Civil & Revenue District Surajpur Chhattisgarh

6. Chhattisgarh Lok Ayog, through Secretary, Gandhi Chowk, ---- Respondent And WPC No. 3067 Of 2016 Firdosh Ahmad S/o Late Ashique Ali, Caste-Muslim, Aged About 45 Years, R/o Village Mahalpara Road, Dabripara, Tehsil Baikunthpur, Revenue & Civil District Koriya Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Collector Surajpur, Civil & Revenue District Surajpur Chhattisgarh

2. Sub Divisional Officer, Surajpur Civil & Revenue District Surajpur Chhattisgarh

3. Tehsildar, Surajpur Revenue & Civil District Surajpur Chhattisgarh

4. Bhajju S/o Gedi, Aged About 67 Years (Seller), Caste Rajwar, R/o Badkapara Surajpur Tahsil & P.S. Surajpur Civil & Revenue District Surajpur Chhattisgarh

5. Rajesh Kumar (Power Of Attorney Older), S/o Ambelal, Caste Ahir, R/o Village Chopan, Post Sirsi, Tehsil Bhaiyathan, P.S. Surajpur, Civil & Revenue District Surajpur Chhattisgarh

6. Chhattisgarh Lok Ayog, through Secretary, Gandhi Chowk,

---- Respondents For Petitioner Shri Surfaraj Khan, Advocate For Respondent-State Shri R. K. Mishra, Dy. AG Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 14/12/2016 1.

In these three writ petitions, the petitioner has purchased the land by registered sale deed dated 30.06.2016, 04.07.2016 & 28.07.2016 respectively. Based on the sale deeds, he has moved separate applications for mutation of his name before the Tahsildar, Surajpur, District Surajpur.

2.

It is argued that the Tahsildar is not proceeding ahead with the matter and is demanding illegal gratification of Rs.50,000/- per case. Since the petitioner is not ready and willing to part with illegal gratification, he has moved a complaint before the concerned Collector, therefore, now he apprehends that the Tahsildar may not decide his case within reasonable time.

3.

Let the petitioner implead the Chhattisgarh Lokayog as a respondent in these petitions during the course of the day. On petitioner's filing a fresh complaint together with complete copy of these writ petitions before the Chhattisgarh

Lokayog, the Lokayog shall initiate enquiry against the concerned Tahsildar namely, T. R. Chouhan, Tahsildar, Surajpur, District Surajpur and complete the entire enquiry within a period of 6 months. Based on the outcome of the enquiry, the Lokayog shall recommend appropriate action, if required.

4.

The Collector, Surajpur is directed to transfer the petitioner's mutation cases from the Court of T. R. Chouhan, Tahsildar, Surajpur, District Surajpur to any other Tahsildar of Surajpur, within 15 days from today, and thereafter the Tahsildar shall decide the petitioner's mutation case, in accordance with law, at the earliest, preferably within a period of 2 months from the date of order passed by the Collector. 5.

Accordingly, the writ petition is disposed of with the above direction.

Sd/- JUDGE PRASHANT KUMAR MISHRA Nirala