HIGH’COURT OF CHHATTISGARH, BILASPUR W3 Writ Petition (C) No.3603 of 2007 {Writ petition under Articie 227 of the Constitution of lndia} Present: Mr. Prafull Bharat, counsel for the petitioner. Mr. Sumit Jhanwar, Panel Lawyer for the State/respondents No.1 & 3. Single Bench: Hon’ble Mr. T.P. Sharma, J ORAL ORDER (2-8-201 1) 1. By this writ petition under Article 227 of the Constitution of India, the petitioner has challenged legality and propriety of the order dated 16—7— 2004 passed by the Collector, South Bastar, Dantewada in Revenue Case No.19/A-63/2002-2003 dismissing the application for permission to cut trees standing on the land owned by the petitioner herein and the order dated 18-1-2007 passed by the Board of Revenue, Bilaspur (Circuit Court Jagdalpur) in Appeal Case No.17/A-63/2003-2004 affirming the above order. The Collector has dismissed the application for permission to cut trees standing on the land of the petitioner on the ground that there may be chance of benami transaction and benami area is worst effected in cases of malik makbooja and, therefore, the Collector has passed order that after detailed enquiry further proceeding would be just and has thus dismissed the application for permission to cut the tress. PETITIONERI: Dinesh Kumar Sharma, S/o Shri Jai (Applicant) Kishore Sharma, 42 yrs. R/o Vill. Geedam, Bhomi Swami, Vill. Barsoor Teh. & Distt. Dantewada (C.G.) Versus RESPONDENTS/: 1. State of Chhattisgarh, Through the (Non-applicants) Collector, South Bastar, Dantewada. 2. The Board of Revenue (C.G.), Bilaspur Circuit Court, Jagdaipur. 3. The Collector, South Bastar, Dantewada (C.G.) “A 2 . I have heard Iearned counsel for the parties, perused the order impugned, copies of other orders and documents. 3. The order passed by the Collector reveals that the Collector has denied permission before enquiry relating to the matter of benami transaction especially on the basis of statement of owner. While passing such order, the Collector has not committed any illegality and the Board of Revenue has also not committed any illegality. Suitable order may be passed after enquiry into the matter of benami transaction. 4. Consequently, the petition is disposed of with an observation that after enquiry into the matter of benami transaction, the Collector may pass appropriate order in accordance with law, on the basis of application for permission to cut trees filed on behalf of the petitioner. No order as to V costs. l . Sdl- T.P. Sharma Judge Soma é