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Chattisgarh High Court
Dashrath Prasad Jaiswal vs State Of Chhattisgarh on 2 April, 2026
1
2026:CGHC:15206
NAFR
AVINASH
SHARMA HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally signed
by AVINASH
SHARMA
WPC No. 1091 of 2021
Date: 2026.04.04
10:41:23 +0530
1 - Dashrath Prasad Jaiswal S/o Late Jagarnath Prasad Jaiswal, Aged About 75
Years R/o Village Dodkachowra, P.S. Thasil And District Jashpur Chhattisgarh.,
District : Jashpur, Chhattisgarh
2 - Laxman Prasad Jaiswal, S/o Dasrath Prasad Jaiswal, Aged About 51 Years
R/o Village Dodkachowra, P.S. Thasil And District Jashpur Chhattisgarh., District :
Jashpur, Chhattisgarh
3 - Bharat Jaiswal S/o Dashrath Prasad Jaiswal, Aged About 27 Years R/o Village
Dodkachowra, P.S. Thasil And District Jashpur Chhattisgarh., District : Jashpur,
Chhattisgarh
4 - Samarth Jaiswal, S/o Dashrath Prasad Jaiswal, Aged About 24 Years R/o
Village Dodkachowra, P.S. Thasil And District Jashpur Chhattisgarh., District :
Jashpur, Chhattisgarh
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Tribal Welfare Department, Mahanadi Bhawan,
Naya Raipur, P.S. Rani, District Raipur Chhattisgarh., District : Raipur,
Chhattisgarh
2 - State Of Chhattisgarh State Schedule Tribe Commission, 61- Jal Vihar Colony,
2
Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
3 - State Of Chhattisgarh, Through Collector, District Jashpur Chhattisgarh.,
District : Jashpur, Chhattisgarh
4 - Sate Of Chhattisgarh Through Superintendent Of Police, District Jashpur
Chhattisgarh, District : Jashpur, Chhattisgarh
5 - State Of Chhattisgarh Through Sub Divisional Officer, District Jashpur
Chhattisgarh., District : Jashpur, Chhattisgarh
6 - Alka Puri, W/o Arjun Puri, Aged About 31 Years R/o Village Dodikachowra, P.S.
Thasil And District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh
7 - Rajo Devi, W/o Ramdev Singh, Aged About 37 Years R/o Village
Dodikachowra, P.S. Thasil And District Jashpur Chhattisgarh, District : Jashpur,
Chhattisgarh
8 - Ashita Topoc, W/o Jitendra Ram, Aged About 30 Years R/o Village
Dodikachowra, P.S. Thasil And District Jashpur Chhattisgarh, District : Jashpur,
Chhattisgarh
... Respondent(s)
(Cause title taken from CIS periphery)
For Petitioner(s) : Shri Hemant Gupta, Advocate.
For Respondent no.2 : Ms Iturani Mukherjee on behalf of Ms. Purnima
Singh, Advocates.
For State/Res No.1, : Shri Siddharth Sharma, PL.
3, 4 and 5
Hon'ble Mr. Justice Amitendra Kishore Prasad
Order on Board
02/04/2026
1. This Writ Petition has been filed against the impugned notice (Annexure
P/1) dated 05.11.2020 issued by the Chhattisgarh State Scheduled Tribes
Aayog, Raipur Chhattisgarh by which, petitioners were directed to present
their reply in respect of the impugned complaint (Annexure P/2) dated
21.09.2020 made against the petitioners which is to the effect that
petitioners have illegally occupied the government land.
2. Necessary facts of the case are that the petitioners are the resident shown
in the cause title and they were residing there prior to 1980 & the Resp. no
6-8 came on later point of time at village Dodkachowra, P.S. & Thasil &
District - Jashpur, C.G. Thereafter in the year 2001 the State Govt. had
issued Patta of Abadi land to the petitioners and since then the petitioners
are residing and doing their business there. Looking to the petitioner's land
which is adjoining to the main road (N.H.43) and families land of the Resp.
no 6-8 were behind the petitioners' land and they have created dispute
which turns into quarrel amongst the parties for many time. In the
meantime, the Resp. no 6-8 & their family tried to encroach the petitioners
land. When the matter was reported to the revenue authorities and a
revenue case was also registered against their family in which the matter
was investigated by the Gamhariya Panchayat and the Panchayat had
passed a resolution against the illegal act & construction of the Resp. no 6-
8, that encroachment & construction was stayed by the learned Thasildar
Jashpur in favor of the petitioners on 08-01-2020 and subsequently the
case order was passed on 12-06-2020 in favor of the petitioners. On 13-07-
2020 when the Resp. no 6-3 & their families not stopped the construction,
the panchayat had taken an initiative and removed the encroachment of the
Resp. no 6-8 & their families. Being aggrieved with the legal action against
them they were prepared on very next morning on 14-07-2020 and Jitendra
ram, Rohit das, Ramkumar Goshwami, Bajrang, Nelu sardar, have
committed an offence which was registered u/s 307 in crime no 144/2020,
whereby the Dashrath jaiswal sustained serious injuries on his tongue,
head, and other parts of body. The entire family of Respondent Nos. 6-8 is
very clever and they have list of criminal history. They are doing such
practice in other states also, first they commit crime and the female
members lodged dubious complaint on different forum & use this tool to
create pressure.This mere fact was acknowledged to the resp. no 2 but no
action taken rather the Resp. no2 issued notice against the petitioners, and
tried a criminal and civil case simultaneously at Resp. no 2 office. It is very
humbly submitted by the petitioners that the entire matter was investigated
by the learned Tahsildar and after due recording of the evidence of the
either parties in course of investigation, the learned Tahsildar send a copy
of report to the Superintendent of Police Jashpur vide letter dated 06-01-
2020, even then the Resp. no 2 have initiated the proceedings and the
petitioners are forced to go through it. Hence this petition.
3. Learned counsel for the petitioner submits that the impugned notice
(Annexure P/1) dated 05.11.2020 has been issued by the Chhattisgarh
State Scheduled Tribes Aayog, Raipur Chhattisgarh by which, petitioners
were directed to present their reply in respect of the complaint (Annexure
P/2) dated 21.09.2020 made against them which is to the effect that
petitioners have illegally occupied the government land.
4. Learned counsel for the petitioner further submits that the land in question
of which they are in occupation and possession has been granted to them
on lease. He submits that the issuance of impugned notice is double
jeopardy as the matter is pending for consideration before the concerned
Tehsildar.
5. Learned State counsel submits that upon receiving the complaint, the
Chhattisgarh State Scheduled Tribes Commission has issued notice to the
petitioners and the petitioners instead of complying with the same they
have moved before this Court by filing the instant petition which is not
maintainable.
6. Considering the aforesaid aspect of the matter that the Chhattisgarh State
Scheduled Tribes Aayog, Raipur issued notice to the petitioners, as such,
the petitioners are directed to appear before the said Aayog by filing a
detailed reply along with relevant documents and in turn, the authority
concerned of that Aayog shall pass appropriate order on merits while giving
due opportunity of hearing to the petitioners taking into account each and
every aspect of the matter in accordance with law. If the petitioners appear
before the said Aayog along with relevant documents and detailed reply,
the same shall be considered by the authority concerned of the said Aayog
and the case shall be decided within a period of 60 days from the date of
production of copy of this order before the Aayog.
7. Till then, it is directed that no coercive steps shall be taken against the
petitioners.
8. With the aforesaid observation/direction, this Writ Petition is disposed of.
Sd/-
(Amitendra Kishore Prasad)
Judge
Avinash
