@ SKS K S^!sl.Sc BE IN THE HIGH COURT OF JUDICATURE AT BILASPUR rCGI WRIT PETITION NOS 6 G3—/2005 PETITIONER .•••'/ V "Si^- .^w/' /y:^v>>'" ^"'^w «?;y^' <?<"' A-''' RESR^NDENTS ^ ^ , Heera Das Son of Mundariya Das, aged about 25 years, Occupation Agriculture, Resident of village Pandripani, Police Station-Bilaigarh, Tahsil Bilaigarh, District Raipur [CG] VERSUS ,/•!] The State of Chhattisgarh, , Through- The Secretary, Department of Home Mantralaya, D.K.S. Bhavan, Raipur [Chhattisgarh]. , 2] The Director General of Police, Civil Lines, Raipur, [C.G.]. / 3] The District Superintendent of Police, Raipur, Near Collectorate, Premises, Raipur, Chhattisgarh. 4] The Sub Divisional Officer, Police, Baloda Bazaar, District Raipur, Chhattisgarh. 5] The Station House officer, Police Station-Bilaigarh, District Raipur [C.G.]. 6] Pavan Das, son of Budhu Das, aged about 30 years, Occupation - Agriculturist, Resident of village Pandripani, Tahsil Bilaigarh, Distrirt Raipur [C.G.]. WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS AND /OR NECESSARY ORDERS/ DIRECTIONS. SII^STOTR-litb a2IT3II^?Tri)*li'h vd-CTl -qiqiOil, UlTn>(-l<|<S, Plcll'<-iy<< LA; f ^3b8^ an^sT iraq? (^ifg^s) ?TOTW^if??raiitsT Ma4ikp tU. 1.9.3QOS Shri M.D. Dhote, coui SIui Saadeep Dubey, Respondent No.5-S1 Bflaigarh is prtseut in Coun) The case of the petiti( of Late Shankar Das Paadaripani and being fhe land and after the death oj Budhwara Bai became possession of that lan.d and^ petitiouer is that responde^ tfae sald land two months cause death of Budhwai-a fhe Collector, Raipurcoinp^ threat to cause her death. 11 years 01 age naoiely Kui Bai aad saw ttiat deadbod) covered with shawl. Ou s( Das. la Para 3,4 of the were foiuid on tbe neck c|l Sualiar, Maaik Das & 4' reported to the Police Stati^n As such, respondent No.5 ^f Perusal of case diaryl himsclf superviscd thc invi|:i the conclusion that no cos <PI«fc>41l<1l1c»l"^T"l^'lSl•(Rl'l-^l'; ^3l)^>T3II^8T Police Station [sel for the petitioner. povt. Adv. fpr the State, ^tioa House Of&cer, wifli fhe case diaiy. ^ner is that deceased Budhwara Bai, wife ^ikpur, who was fhe Kotwar of ViUage Potwarwas in possessiou of4.13 acres of said Shaakar Das Manikpur, deceased Kobvar of the VSiays, she was in cultivating the same. Fzirther case of the it No.6 dispossesed Budhwara Bai flx>m sfore her deafh aad also gave a threat to 3ai. On 6.8.2004 a report was lodged to aining the dispossession of tand aad the >n 18.9.2004 at about 8.00 a.m. a girl of lari Bhuri visited the house of Budhwara of Budhwara Bai was Iviag on fhe cot "iag fhis Kiunari Bhuri informed Maaik it has been fnentioned that itiiuries Budhwara Bai and same was seen bv bdul Khan, therefore, the matter was Bflaigarh but no action has been taken. ifh the case diary was cafled, ihows that Sub Divisional Officer (Police) stigation suid as pcr ncport hc ncachcd to izable offence has taken place. Perusal of p^tition Mzai -?~S3FL^e«^_ ^.'•'•{'li.^-'^f^?^'11'^'1^' ••m'w!sf XI-HC-78 ^wcf ^KilVxlf, W-^\WW, Rri(<(1g<( *i|*l«l^W^! OT^STq5q»(^[fg^5) W^ 200 an^STmR-o'ci) gaiTSIT^CTiptIW ^oStw^.^ g^aTW^(73Ti^?r tUat post uiortein. report shows found on the body of Budhwaija was a natural death, It also Bai retired from fhe post of| respondent No.6 was appoia^ was also clainiiag the post'of respondent No.6 canie mto pos Therefore having perusejd that no case is inade out for ibl 226 of the Constitution of Ind^a, and it is accorduigly disniissei^. However, fhe petitione) appropriate Coiirt for redress^l law. <i>l<i[»<ili*i!*inY^'ls'<3 j(Ril+$l'( ^Srf^raiT^ST no extemal or nitemLaI iujury was Bai and the doctor has opined that it ileveals from the record ttiat Budhwara IKotwar in the year 2002, thereafter, sd as Kotwar, wbereas tfae petitioner Kotayar and after becoiiung the Kotivai' Isession of Ihe said land. the case diaiy, I am of fhe opinion ibterference bv this Coyrt uader Article l^a, the petition is liable to be disinisseB is at Vberty to move before the of his grievauces ia accordance witfa Sdf- L.C. Bhadoo Judge