Smt. Dehrin Bai v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4829 of 2021 • Smt. Dehrin Bai, W/o Fagua Ram Sahu, Aged About 35 Years, Occupation Panch at Gram Panchayat Chandrasur, Block Division Magarlod, Block Division Magarlod, District Dhamtari Chhattisgarh R/o Gram Panchayat Chandrasur, Block Division Magarlod, Block Division Magarlod, District Dhamtari Chhattisgarh.

---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur District Raipur Chhattisgarh.

2. Collector Dhamtari District Dhamtari Chhattisgarh.

3. Sub Divisional Officer (Revenue) Kurud, District Dhamtari Chhattisgarh.

4. Tahsildar Kurud, District Dhamtari Chhattisgarh.

5. Smt. Tulsi Bai, W/o Devraj Aged About 44 Years Occupation Sarpanch Gram Panchayat- Chandrasur, Block Division-Magarlod, District Dhamtari Chhattisgarh.

6. Chief Executive Officer, Janpad Panchayat Magarlod, District-Dhamtari Chhattisgarh.

7. Tahsildar Magarlod, District-Dhamtari, Chhattisgarh. ---- Respondents ____________________________________________________________ For Petitioner :

Mr. Subham Tripathi, Advocate.

For State :

Ms. Priyamvada Singh, Dy. Govt. Advocate.

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Page No.2 Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 02/12/2021 Heard.

1. It is submitted that the petitioner and others have made a complaint before respondent No.2 against respondent No.5. Similar complaint was given to Chhattisgarh State Schedule Caste and Schedule Tribe Commission on 7.1.2021. Secretary, State Anusuchit Janjati Aayog directed respondent No.2 to make inquiry and pass appropriate order on the complaint filed by the petitioner. Respondent No.2 has by delegation authorised respondent No.3 to inquire and pass appropriate order on the complaint. No inquiry is being conducted and the same is pending without any progress. Therefore, this petition has been filed praying for issuance of appropriate direction.

2. Learned State Government opposes the submissions made by counsel for petitioner and submits that the inquiry is likely to take some time, therefore, there is no requirement of issuance of any directions, hence, the petition be dismissed and disposed off.

3. Considered on the submissions. The petitioner has made specific allegations against respondent No.5 regarding which the Chhattisgarh State Schedule Caste and Schedule Tribe Commission has directed respondent No.2 vide memo dated 7.1.2021(Annexure-P/1) to inquire into the complaint, and also directed that in case the respondent No.5 is found fault then action be taken accordingly. Respondent No.2 has vide memo dated 24.8.2021 handed over the inquiry to respondent No.3 (SDO). Annexure-P/8 is the order-sheet of the proceeding before respondent No.3 which shows that there is almost no progress in the inquiry pending, therefore, there appears to be requirement of

Page No.3 issuance of directions, therefore, the petition is disposed off at motion stage. Respondents No.2 & 3 are directed to expedite the proceeding of inquiry in the complaint filed by the petitioner and make all efforts to conclude the inquiry at the earliest preferably within a period of 90 days from the date of receipt of this order.

4. With these observations, the petition is disposed off. Sd/- (Rajendra Chandra Singh Samant) Judge Nisha