1 2025:CGHC:6744 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 788 of 2025 1 - Pushpendra Katariya S/o Late Shri Wazir Singh Katariya Aged About 39 Years Occupation- Business Through Shri Kulbir Singh Choudhary Son Of Late Shri Hawa Singh Choudhary, Resident Of Near Bilaspur Chowk, Manipur, Outpost Manipur, Police Station- Kotwali, Tehsil- Ambikapur, District- Surguja, Chhattisgarh ... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mahanadi Bhawan, Mantralaya, New Raipur (Chhattisgarh) 2 - The Collector Ambikapur, District- Surguja (Chhattisgarh) 3 - The Sub-Divisional Officer (Revenue) Ambikapur, District- Surguja (Chhattisgarh) 4 - Ramkumar S/o Late Panchu Ram Caste- Uraon, Resident of Manipur (Bilaspur Chowk) Ambikapur, Tehsil- Ambikapur, District- Sarguja (Chhattisgarh) 5 - Rajlal S/o Late Panchu Ram Caste- Uraon, Resident Of Manipur (Bilaspur Chowk) Ambikapur, Tehsil- Ambikapur, District- Sarguja (Chhattisgarh) AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.02.07 16:50:32 +0530 2 6 - Rekha D/o Rajlal Caste- Uraon, Resident of Manipur (Bilaspur Chowk) Ambikapur, Tehsil- Ambikapur, District- Sarguja (Chhattisgarh) 7 - Barkha D/o Rajlal Caste- Uraon, Resident of Manipur (Bilaspur Chowk) Ambikapur, Tehsil- Ambikapur, District- Sarguja (Chhattisgarh) 8 - Meenu D/o Rajlal Caste- Uraon, Resident of Manipur (Bilaspur Chowk) Ambikapur, Tehsil- Ambikapur, District- Sarguja (Chhattisgarh) 9 - Pooja D/o Rajlal Caste- Uraon, Resident of Manipur (Bilaspur Chowk) Ambikapur, Tehsil- Ambikapur, District- Sarguja (Chhattisgarh) 10 - Champa D/o Late Panchu Ram Caste- Uraon, Resident of Manipur (Bilaspur Chowk) Ambikapur, Tehsil- Ambikapur, District- Sarguja (Chhattisgarh) ... Respondent(s) For Petitioner(s) : Ms. Sharmila Singhai, Senior Advocate assisted by Mr. Kanwaljeet Singh Saini, Advocate. For Respondent/State : Mr. Santosh Bharat, Panel Lawyer Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 06/02/2025 1. By the present writ petition, the petitioner is questioning the proceeding drawn by the Collector vide order dated 24/10/2024, by which, notice has been issued to the petitioner on the basis of enquiry report dated 28/08/2020 Annexure P-4 of the SDO(Revenue). 3 2. Learned counsel for the petitioner submits that the Collector is proceeded in the matter without having jurisdiction. She submits that the report of the SDO dated 28/08/2020, by which, the SDO has alleged that the petitioner has violated the provisions of Section 165(6-a) & 165(10) is under challenge by writ petition bearing WPC No.2387/2021. She further submits that the enquiry report and the proceeding of the Collector is also bad in law as the question sale deed has been executed on 24/09/1982 and the diversion order of the land has been passed on 06/08/1982, however, the notification dated 15/04/1981 has been amended on 04/06/1984 which reads as under:- (i) in sub-section (6-a), for the words, figure and brackets “the right of a Bhumiswami other than a Bhumiswami belonging to a tribe which has been declared to be an aboriginal tribe under sub-section (6)”, the words, “figures and brackets”, “ the right of a Bhumiswami other than a Bhumiswami belonging to a tribe which has been declared to be an aboriginal tribe under sub-section (6), in the land excluding the agricultural land” shall be substituted; 3. Hence, as the transaction has already been executed in the year 1982, the provision of Section 84 will not be attracted in the case of the present petition. 4 4. Learned counsel for the State would submit that the petitioner has approached this Court by questioning the issuance of notice only and if the petitioner is questioning the order dated 24/10/2024 passed by the Collector, the petitioner is having an alternative remedy to question the same before the Commissioner by filing an appeal under the C.G.L.R.C. 5. I have heard learned counsel appearing for the parties and perused the order dated 24/10/2024, by which, notices have been issued to the petitioner on the basis of the enquiry report dated 28/08/2020 submitted by the SDO. 6. As by the order, the Collector has only issued notice to the petitioner, the petitioner may submit a detailed reply to the jurisdiction as well as the non-application of the notification dated 04/06/1984 as the transactions are of the year 1982. On the event of filing such reply, the Collector shall decide the objections to the jurisdiction and application of the notification to the case of the petitioner in accordance with law within a period of thirty days from today. 7. With the aforesaid observation and direction, the writ petition stands disposed of. SD/- (Bibhu Datta Guru) Judge Amardeep