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2025 DAILYLAW 5548 (CHH)

SHIVLAL KASHYAP v. STATE OF CHHATTISGARH

WPC/547/2025 · 2025-01-28

Shri Bibhu Datta Guru

body2025

Judgment text

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1 / 4 2025:CGHC:4864 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 547 of 2025 1 - Shivlal Kashyap S/o Late Shri Rajaram Aged About 31 Years R/o Vill- Jarhajel, Tah. Darri, District - Korba (C.G.) 2 - Amritlal Kashyap S/o Late Shri Rajaram Aged About 42 Years R/o Vill- Jarhajel, Tah. Darri, District - Korba (C.G.) 3 - Shivnath Kashyap S/o Late Shri Rajaram Aged About 32 Years R/o Vill- Jarhajel, Tah. Darri, District - Korba (C.G.) 4 - Amarnath Kashyap S/o Late Shri Rajaram Aged About 37 Years R/o Vill- Jarhajel, Tah. Darri, District - Korba (C.G.) 5 - Amrita Bai D/o Late Shri Rajaram Aged About 44 Years R/o Vill- Jarhajel, Tah. Darri, District - Korba (C.G.) 6 - Vimla Bai W/o Late Shri Rajaram Aged About 58 Years R/o Vill- Jarhajel, Tah. Darri, District - Korba (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary Revenue And Disaster Management Department, Naya Raipur, Dist.- Raipur (C.G.) 2 – Collector, Korba, District- Korba (C.G.) 2 / 4 3 - Sub-Divisional Officer (Revenue) Tehsil- Katghora, District- Korba (C.G.) 4 – Tahsildar, Darri, Dist-Korba (C.G.) 5 - South Eastern Coalfields Limited Through Chairman-Cum-Managing Director, South Eastern Coalfields Limited, Seepat Road, Bilaspur (C.G.) 6 - Director (Personnel), South Eastern Coalfields Limited, Head Quarter, Seepat Road, Bilaspur (C.G.) 7 - Chief General Manager, South Eastern Coalfields Limited, Kusmunda Area, District - Korba (C.G.) 8 - Malik Ram S/o Late Shiv Prasad Aged About 74 Years R/o Vill.- Jarhajel, Tah. Darri, District- Korba (C.G.) 9 - Balram S/o Malik Ram Aged About 47 Years R/o Vill.- Jarhajel, Tah. Darri, District- Korba (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioners : Mr. Ravindra Sharma, Advocate For Respondents/ State : Mr. Ritesh Giri, Panel Lawyer For Respondents No. 5 to 7 : Mr. R. S. Patel, Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 28/01/2025 1. By the present writ petition, the petitioners are seeking a direction towards the respondent No.2/ Collector, Korba to enquire about the family tree (Annexure P/2) prepared by the respondent No.4/ Tahsildar Darri, District Korba on the basis of which the 3 / 4 respondent No.9 has got employment in lieu of the land acquired by the SECL. 2. Learned counsel appearing for the petitioners submits that the family tree prepared by the respondent No.4 was obtained by respondents No.8 & 9 on the basis of incomplete and false information provided by them. The petitioners have lodged the complaint dated 09/09/2024 (Annexure P/12) before the respondent No.2/ Collector, Korba to enquire about the family tree placed by respondents No.8 & 9 to obtain employment from the SECL but till date no steps has been taken to enquire about the allegation made by the petitioners against the family tree prepared by the Tahsildar at the instance of respondents No.8 & 9. Hence the petitioners seek a direction towards the Collector to take necessary steps for enquiry of the complaint made by them about the family tree as well as the employment provided to the respondent No.9. 3. Learned counsel appearing for the State submits that if the application/complaint filed by the petitioners is still pending before the Collector, the same shall be considered and necessary steps for enquiry of the family tree, will be taken within the stipulated time. 4. I have heard learned counsel for the parties, perused the application moved by the petitioners and the pleadings of the petitioner. 4 / 4 5. Perusal of the documents would show that the petitioners have moved an application/complaint dated 09/09/2024 (Annexure P/12) before the respondent No.2/ Collector, Korba alleging that the respondent No.9 has obtained employment from the SECL by preparing a family tree on the basis of false and fabricated documents provided to the Tahsildar, for which the petitioners are seeking enquiry about the illegality committed by the Tahsildar while preparing the family tree. The petitioners are also seeking enquiry from the Collector regarding the said employment obtained by the respondent No.9. 6. In view of the above, the respondent No.2/ Collector, Korba is directed to consider the application submitted by the petitioners and take necessary steps to examine and enquire about the allegation made by the petitioners by passing a detailed order within a period of 90 days by providing sufficient opportunity of hearing to all the affected parties including the respondents No.8 & 9 in accordance with law. 7. With the aforesaid observation and direction, this writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar