Murlidhar Sonber v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 633 of 2018 • Murlidhar Sonber S/o Dev Singh Sonber, R/o Village Nawagaon, Post Office Parkhanda, Tahsil Kurud, District Dhamtari Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Home (Police) Department, Mahanadi Bhawan, Mantralaya, New Raipur Chhattisgarh

2. The Superintendent Of Police, Dhamtari Chhattisgarh

3. The Collector, District Dhamtari Chhattisgarh

4. The Station House Officer, Police Station, Kurud, District Dhamtari Chhattisgarh

5. Chhattisgarh Board Of Revenue, Bilaspur Chhattisgarh

6. Premlal Kanwar S/o Brijlal Kanwar, Village Nawagaon (Umarda), Post Office Parkhanda, Tahsil Kurud, District Dhamtari Chhattisgarh ---- Respondents For Petitioner :

Shri A.D. Kuldeep, Advocate For Respondent/State :

Shri Aditya Sharma, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 06/02/2019

1. Heard.

2. The present petition is to register the FIR in pursuance to the report dated 23.03.2016 (Annexure P-5).

3. Learned counsel for the petitioner submits that the clerk, who is posted in the

office of Tehsildar by manipulation has recorded the name of other persons in respect of the land owned by the petitioner's brother, therefore, fraud has been played.

4. I have perused the documents. It appears that Annexure P-5 is with respect to the other fact that prima facie shows there is dispute about the taking over the possession that too is dated 23.03.2016. Therefore, taking into the conflicting prayer made and the statement made it is difficult to ascertaining the actual prayer made by the petitioner. The petitioner if is aggrieved by any action of the authority in respect of the mutation of the name, the appropriate remedy is available to him under the C.G. Land Revenue Code no criminal proceeding can be set into motion for the same. This petition has no merits. It is accordingly dismissed.

Sd /- Goutam Bhaduri Judge Ashu