^. *<I^W 7^ ^i^icn^ ^Ti1^<i^, i^<ns^^< ...^^2./^.^/.^,^[200 ^T^Ttt^^ (l^il^^) ^^ ^RT 1^W ^CT 3TI^T ^^fW <F?raT^??iF^ ^^ ^P-rf^ft^ WR^* "^ I^St TN^R ^'-3tfW3:?T^T r WritPetition (Cl No. 1^36 of 2009 rSingle Bench; Hon^ble Mr. Jhistice Dhirendra Mishra] ITIQNER i:ipQNDENTS Vs 1. 2. 3. 4. 5. 6. 7. 8. Ramchandj-a Yadav, S/o Late Shri Rampher Y|adav, aged about 53 years, r/o Dharmji Njagdone Colony, Vyapar Vihar Bilaspur, Tlehsil 8s District Bilaspur (CG) State of Chjhattisgarh, Through Secretary, Departmen^: of Schedule Caste Schedule Tribe 8s OpC Welfare Department DKS Building R^ipur, District Raipur (CG) Collector, C| Collector District Bil? Sub Divisid Bilaspur (C! Tahsildar Bilaspur (Cj Superinten^ Bilaspur (C| Station Hd |istrict Bilaspur (CG) |(Schedule Tribe) Bilaspur, ^spur (CG) )nal Officer, Bilaspur, District &) Bilaspur, Tehsil & District ^) 1 of Police Bilaspur, District G) >use Officer, Anusuchit Jati Kalyan Police Station, Bilaspur, District Bilaspur (Cp) Shri VikasBisil, Then Collector, presently posted as Health Sei|vices, DKS Building Raipur, District Rai| Secretary, Department of pur (CG) ^fRT^ ?NT^ F^if^? <'f5RT^N—FS/95—11 /2008—1,00,000. + ^^ ^wm% ^^ww, f^TR?y ^mw^Hrai '^200 ^iI^iT 1?'?^F (^t^^?) ^T ^NT' '(TO 3??^I ^lN? E': !-< ¥^ro^'^ft^•^it^ 2L 9. Shri Sanja^j Magistrate Sub Divisid District Raij 10. Shri Rajenc^ ^Rfe^f WR^f ^ fe^ Tf^gR ^ ^p? 3H^y Agrawal, then Sub Divisional Bilaspur, presently posted as )nal Magistrate, Rajnandgaon, aandgaon (CG) ra Gupta, 11. 12. 13. Then Tahsi|dar Bilaspur, Presently ^osted as Tahsildar Korba, District Koifba (CG) Shri PC jKori, then Naib Tahsildar, Bilaspur, FJresently posted as Additional Tahsildar | Ganiyari, Tehsil Ganiyari, District BiUsDur fCG) GR Banjajre, Retd. Addl. SP, then Investigatir|g Officer, Presently R/o Kali Mandir Roi District Raij Shri BS Anusuchit Bilaspur, D| Collector, Bilaspur, D| id, Pandri, Raipur, Tehsil 85 Dur. Banafar, Sub Inspector, Jati Kalyan Police Station istrict Bilaspur (CG) 14. Shri Patr^s Tirkey, Retired Deputy R/o MIG 39, Nehru Nagar, [strict Bilaspur (CG) 15. Shri Satya jRanjan Jogi, S/o Late Shri KP Jogi, aged 4bout 70 years, r/o Nehru Indu Chowk, J^rhabhata, Bilaspur, District Bilaspur (Cp) .3.2009 hisel for the petitioner. for the State. Shri Shailendra Soni, cou| Shri Vinay Harit, Dy. A.G.J Heard. The petitioner has filejd this petition for the f^llowing substantive reliefs:- ^m?^r-rf <NN ^^i^rr^^N-TN'—FS/95—11/209§—i »oo,ooo. t 311^1'^I'^W WIT3il^?iPti^ II '5'oEr'^pTRfsr, ^Tft-yt^, l^rray ^WWf^W^ "Wt 200 ^n^i'q^RF (^pf^^?) '1?^1^€W^ ^s^ ^> "1 That, this Hon'ble pleased to issue a Mandamus direcl Government to tal criminal as well proceedings againq authorities and puni] 2. That, the Hon'ble Q pleased to directl authorities for Rs.25,00,000/- inj petitioner." payrqent Grievance of the petitionj n agreement with respondeij '^p'ife^hf HW^I ^ fe^ TN^R ^-3tfW3T?^ (J^ourt may kindly be ^rit in the nature of [ing the State |<e suitable action as departmental [t the respondent |sh accordingly. jourt may kindly be the respondents of compensation favour of the er is that he entered into it No.15 for purchase of hop No.l situated at Talap4ra, Distt. Bilaspur for a onsideration of Rs.7,00,000f~ and paid an advance mount of Rs.2,00,000/-. ispute regarding execution of arties. On the basis of reporjt of the respondent No.15, ffence was registered agaiAst the petitioner under arious sections of Scheduled )revention of Atrocities) Act. aoncluded and the petitioner :owever, there was some the sale deed between the Caste & Scheduled Tribe The trial has since been has been acquitted of all ^FRT^n %^ ^y^T^^ <^^t37lN-—FS/95—11 /2008—l ,00,000. •?:5E| ^ir^T^fq^ ^ftTpTS^ R^TRiy ^ffs.Rii %<<r<^ •^200 s^TpRrC^^t?) ^i^^r^Nr ^II W^? ^qh^ .' r-t )^/- w??w^ft^^?ii^ ^ the charges. The whole acti|)n of the respondent-public authorities was actuated b^ malice at the behest of respondent No.15 and bec< commission on the part of ^espondent authorities, the petitioner has suffered imir|ense physical and mental agony; In these circumstanc^s, the petitioner is entitled for the reliefclaimed in the injstant petition. Heard learned counsel fcjr the petitioner. After going through the| this Court is of the opii^ questions of facts are involvj< petition, which require recor^ing of detailed evidence of the parties. The petitioner hjas an alternativeremedy of filing appropriate crimina|[ complaint before the competent Court for initiati(|)n of criminal proceedings against the respondents, as damages for his malicious questions of facts involved |gone into in a writ procdeding. |accordingly, dismissed. ^^Sd41'1 ^W^ff^ft^ ^S^TC ^^tRw^n^T use of the omission and averments in the petition, |ion that highly disputed !ed for adjudication of this jwell as of filing a suit for jprosecution. The disputed in this petition cannot be The petition is, Sd/- Dhirendra Mishra Judge ^fHT%rTr ^ ^ K^31^^: ?—S-S/95—! 5 /200^—1,0(LOOO.