1 2025:CGHC:54811 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4959 of 2024 1 - Deepak Kumar Shrivastava S/o. Shri Jagdish Prasad Shrivastava Aged About 41 Years R/o. New Korea Mines, Godaripara, Chirimiri, District - Manendragarh-Chirimiri-Bharatpur (Mcb) (C.G.), Old District - Korea (C.G.) 2 - Kartik Kumar Shrivastava S/o. Shri Jagdish Prasad Shrivastava Aged About 30 Years R/o. New Korea Mines, Godaripara, Chirimiri, District - Manendragarh-Chirimiri-Bharatpur (Mcb) (C.G.), Old District - Korea (C.G.) 3 - Mithlesh Kumar Jaiswal S/o. Late Jhannu Lal Jaiswal Aged About 46 Years R/o. Bachra (Pondi), Tehsil - Pondi (Bachra), P.S. - Baikunthpur, District - Korea (C.G.) 4 - Manoj Kumar Sahu S/o. Late Ishwari Prasad Sahu Aged About 36 Years R/o. Village - Sakariya, Tehsil - Pondi (Bachra), P.S. Baikunthpur, District - Korea (C.G.) 5 - Omkar Sahu S/o. Shri Shivnath Aged About 34 Years R/o. Village - Sakariya, Tehsil - Pondi (Bachra), P.S. Baikunthpur, District - Korea (C.G.) 6 - Sanjay Kumar S/o. Shri Lalan Ram Aged About 29 Years R/o. Village - Sakariya, Tehsil - Pondi (Bachra), P.S. Baikunthpur, District - Korea (C.G.) 7 - Vishwanath Yadav S/o. Late Sitaram Yadav Aged About 49 Years R/o. Village - Bachra, Tehsil - Pondi (Bachra), P.S. Baikunthpur, District - Korea (C.G.) 8 - Ramprakash Sahu S/o. Late Shivdhari Ram Sahu Aged About 50 Years R/o. Village - Koda, P.S. And Tehsil - Khadgawan, District - Manendragarh- Chirimiri-Bharatpur (M.C.B.) (C.G.), Old District - Korea (C.G.) 9 - Mangal Prasad Sahu S/o. Shri Lalan Ram Aged About 35 Years R/o. Village - Tolga, Tehsil - Pondi (Bachra), P.S. Baikunthpur, District - Korea (C.G.) 10 - Mahesh Kumar S/o. Shri Mohan Ram Aged About 30 Years R/o. Village - Bachra, Tehsil - Pondi (Bachra), P.S. Baikunthpur, District - Korea (C.G.) 11 - Gangesh Ram S/o. Shri Mohan Ram Aged About 28 Years R/o. Village - 2 Bachra, Tehsil - Pondi (Bachra), P.S. Baikunthpur, District - Korea (C.G.) 12 - Ashok Kumar S/o. Shri Ram Kumar Aged About 44 Years R/o. Village - Bachra, Tehsil - Pondi (Bachra), P.S. Baikunthpur, District - Korea (C.G.) 13 - Manoj Kumar S/o. Shri Ram Kumar Aged About 36 Years R/o. Village - Bachra, Tehsil - Pondi (Bachra), P.S. Baikunthpur, District - Korea (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Collector And District Magistrate, Baikunthpur, District - Korea (C.G.) 2 - Superintendent Of Police District - Korea (C.G.) 3 - Sub-Divisional O<cer (Revenue) Baikunthpur, District - Korea (C.G.) 4 - Tehsildar Pondi (Bachra), District - Korea (C.G.) 5 - Station House O<cer Police Station - Baikunthpur, District - Korea (C.G.) --- Respondent(s) WPC No. 4699 of 2024 1 - Praveen Kumar Sahu S/o. Shri Ishwar Prasad Sahu Aged About 39 Years R/o. Village - Sakariya, Tehsil - Pondi (Bachra), P.S. - Baikunthpur, District - Korea (C.G.) 2 - Jaswant Kumar Sahu S/o. Shri Ishwar Prasad Sahu Aged About 35 Years R/o. Village - Sakariya, Tehsil And Pondi (Bachra), P.S. - Baikunthpur, District - Korea (C.G.) 3 - Ashok Jaiswal S/o. Shri Satyanarayan Jaiswal Aged About 53 Years R/o. Village - Sakariya, Tehsil And Pondi (Bachra), P.S. - Baikunthpur, District - Korea (C.G.) 4 - Chandrabhushan Chakradhari S/o. Late Sahdeo Prasad Aged About 46 Years R/o. Village - Sakariya, Tehsil And Pondi (Bachra), P.S. - Baikunthpur, District - Korea (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Collector And District Magistrate, Baikunthpur, District - Korea (C.G.) 2 - Superintendent Of Police District - Korea (C.G.) 3 - Sub-Divisional O<cer (Revenue) Baikunthpur, District - Korea (C.G.) 4 - Tehsildar Pondi (Bachra), District - Korea (C.G.) 5 - Station House O<cer Police Station - Baikunthpur, District - Korea (C.G.) --- Respondent(s) (Cause Title taken from Case Information System) 3 For Petitioner(s) : Mr. Pawan Shrivastava and Mr. Abhishek Choubey, Advocates. For Respondent(s) : Mr. Sangharsh Pandey, Government Advocate and Mr. Shailendra Sharma, Panel Lawyer. For Intervenor : Ms. Chetna Sharma, Advocate. Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 11/11/2025 1 Heard Mr. Pawan Shrivastav, learned counsel appearing for the petitioner(s), Mr. Sangharsh Pandey, learned Government Advocate for the State/respondents as well as Ms. Chetna Sharma, learned counsel appearing for the Intervenor. 2 By these petitions under Article 226 of the Constitution of India, the petitioner(s), in WPC No. 4959/2024, seek for the following relief(s): “10.1 That, the Hon'ble Court may kindly be pleased to call the entire records relating to the case of the Petitioner. 10.2 That, the Hon'ble Court may kindly be pleased to issue a Writ in the nature of Mandamus/Certiorari and quash the impugned letter dated-02.08.2024 issued by Respondent No. 1, in respect of the petitioner's. 10.3 That, Hon'ble Court may kindly be pleased to stay the operation and e*ect of the impugned letter dated-02.08.2024, in respect of the petitioner's. 10.4 That, Hon'ble Court may kindly be pleased to direct the respondent no.5 to shall not be add the name of petitioner's in FIR No.0284/2024 registered with by P.S.-Baikunthpur, in respect of the petitioner's. 4 10.5 Any other relief which Hon'ble Court deems 2t and proper in the facts and circumstances of the case and cost of the petition.” 3 The petitioner(s), in WPC No. 4699/2024, seek for the following relief(s): “10.1 That, the Hon'ble Court may kindly be pleased to call the entire records relating to the case of the Petitioner. 10.2 That, the Hon'ble Court may kindly be pleased to issue a Writ in the nature of Mandamus/Certiorari and quash the impugned letter dated-02.08.2024 issued by Respondent No.1 in respect of the petitioner's. 10.3 That, Hon'ble Court may kindly be pleased to stay the operation and e*ect of the impugned letter dated-02.08.2024 in respect of the petitioner's. 10.4 Any other relief which Hon'ble Court deems 2t and proper in the facts and circumstances of the case and cost of the petition.” 4 The brief facts, as projected by the petitioner(s), in these petitions are that one Jitendra Singh made a complaint regarding forged registry of land bearing Khasra No.552, 553 rakba 0.07, 1.95 hectare situated at Village and Tehsil Pondi(Bachra), District-Korea(C.G.), which was recorded in the name of Chanda Singh wife of Vashistha Singh in revenue record. Thereafter, an inquiry report submitted by respondent No.4 stating that, in the year 2007 the Chanda Singh had died and after her death in the year 2011 the aforesaid land has been fraudulently sold to Smt. Savita Kundu and subsequently it has been sold to the petitioner's and other persons. On direction of respondent No.2 the respondent No.5 is going to lodge FIR against the petitioner's, however the petitioner's are subsequent and bona2de purchasers and they have also been purchase the subjected land by subsequent and bonaCde purchasers. During the course of inquiry the respondent No.4 did not 5 issue any notice to the petitioner's and the inquiry have been completed at the behind of petitioner's, and now the letter impugned dated 02.08.2024 has been issued without giving an opportunity of hearing, without application of mind, just to dispose of the complaint and inform to the person concern. Thus, the actions of the respondents, are illegal, arbitrary, mala 2de and contrary to the material available on record, because prima facie no case is made out against the petitioner's, and if the letter impugned is given eDect to the same shall suDer an irreparable loss to the petitioner's and they would be arrested and their service/political career as well as social reputation would spoil for the act which has not been done by them and for which they are not responsible. 5 Mr. 5 Mr. Pawan Shrivastava, learned counsel for the petitioner(s) submit that the impugned FIR goes to show that only on the basis of a report by the Tahsildar, the District Collector, Korea has directed for registration of the FIR and as such, these petitions deserve to be allowed as no opportunity of hearing has been aDorded to the petitioners to put forth their case. 6 On the other hand, Mr. Sangharsh Pandey, learned Government Advocate appearing for the State/respondent opposes this petition and submits that the relief sought for in this petition cannot be granted by this Hon’ble Court in a writ petition of civil nature. The petition ought to have been Cled with proper nomenclature. 7 Ms. Chetna Sharma, learned counsel for the intervenor submits that the intervenor is the complainant in these cases and on the complaint of the intervenor, an enquiry was conducted by the respondent No. 4 which conCrmed that the sale was fraudulent. The Tahsildar’s report outlined that Vimla Devi, Acting fraudulently, had impersonated Chanda Singh 6 and sold the land to Smt. Savita Kundu. Subsequent to the fraudulent sale, the land was further sold by Savita Kundu to various parties including the petitioner(s). The respondent No. 1, upon receiving the enquiry report, directed the respondent No. 2 to lodge an FIR against the individuals involved, including the petitioner(s). 8 We have heard learned counsel appearing for the parties, perused the pleadings and documents appended thereto. 9 From perusal of the records, it transpires that on the basis of report submitted by the Tahsildar, the Collector, Korea, has passed the order dated 02.08.2024 directing the Superintendent of Police, Korea to register an FIR against the concerned persons involved in the sale- purchase transaction. Considering the fact that the FIR has already been registered on 16.09.2024, by the police pursuant to the communication made by the Collector, Korea to the Superintendent of Police, Korea and charge sheet with respect to some of the accused persons, who have Cled Cr.M.P. No. 3068/2025, has already been Cled on 20.03.2025, but so far as the present petitioners are concerned, the charge sheet goes to show that the investigation is still pending with respect to them. 10 In view of the above, we are not inclined to interfere in these matters at this stage and both the petitions stand disposed of. In case the police Cnds anything against the petitioner(s) and charge sheet is Cled against them, the petitioners would be at liberty to take recourse to law, if so advised. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) JUDGE CHIEF JUSTICE Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.11.12 17:43:44 +0530