Kusum Soni v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(C) No. 4573 of 2021 Kusum Soni, D/o. Late Shri Kashiram Soni, aged about 51 years, R/o. Ward No. 4, Dipka Tehsil Kathghora, District Korba Chhattisgarh. ---- Petitioner

Versus

1.

State of Chhattisgarh, Through : Secretary, Department of Revenue Mahanadi Bhawan, Atal Nagar, District Raipur Chhattisgarh. 2.

The Collector Korba, District Korba Chhattisgarh. 3.

The Sub Divisional Officer (Revenue) Kathghora, District Korba Chhattisgarh.

4.

Tehsildar Kathghora, District Korba Chhattisgarh. 5.

Naib Tehsildar Dipka, Tehsil Kathghora, District Korba Chhattisgarh. 6.

South Eastern Coalfield Limited Through Its General Manager, Korba, District Korba Chhattisgarh.

7.

Chakrdhar Singh, S/o. Pooran Singh, R/o Ward No. 4, Dipka Tehsil Kathghora, District Korba Chhattisgarh.

8.

Ghasi Singh, S/o. Prem Singh, R/o. Dipka, Tehsil Kathghora, District Korba Chhattisgarh.

---- Respondents For Petitioner : Mr. Arijit Tiwari, Advocate For State-Respondents 1 to 5 : Mr. Aditya Bhardwaj, P.L.

For Respondent No.6 : Mr. Vinod Deshmukh, Advocate Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board /11/2021 1.

It is submitted by the learned counsel for the petitioner that the respondent No.7, who is not a member of scheduled tribe had made

purchase of land from respondent No.8 only for the purpose of taking benefit from the respondent No.6. The petitioner made a complaint vide Annexure P-1 to respondent No.2 on which on the direction of the respondent No.2, respondent No.4 has enquired and submitted report in which it is held that the respondent No.7 is not a member of scheduled tribe since then the proceeding on the complaint and also on the revenue case initiated is standstill. Hence, this petition has been brought seeking issuance of appropriate direction. 2.

Learned State counsel appearing on behalf of respondent No.1, 2, 3, 4 and 5 has no objection if this petition is disposed of with appropriate direction.

3.

Learned counsel for the respondent No.6 has also submits that he has no objection, if the case is disposed of with direction. 4.

After considering on the submissions and perusing the documents present on record, this petition is disposed off at motion stage. The respondent No.2 is directed to expedite the enquiry initiated by him on the complaint made by the petitioner dated 14.05.2018 against the respondent No.7. The respondent No.2 is also directed to expedite the proceeding in the revenue case No.90/A21/2017-18 initiated on the basis of the complaint and dispose of the same at the earliest. It is also made clear that the respondent No.2 shall grant opportunity to the private respondents, before disposing of the complaint case and the revenue case.

5.

With these observations, this petition stands disposed off. Sd/- (Rajendra Chandra Singh Samant) Judge Balram