Kamal Chand Jain vs State Of Chhattisgarh And Ors

Ajay Kumar Tripathi, CJ

The appeal was preferred against the order dated 17.09.2018 passed by the learned Single Judge. He dismissed the writ application refusing to

investigate the allegation whether the Respondents States authorities were planting samplings over his land by removing the fencing.

The learned Single Judge was of the view that this was basically a matter of title and therefore, the writ Court would not get drawn into such

dispute under Article 226 of the Constitution of India. Civil Court was the right forum for such issues.

Dismissal of the writ application was the reason for preferring the present appeal.

No doubt vide order dated 22.11.2018, the State was given a direction to file a return and identify the land on which plantation was carried out by

the forest department. Details thereof has been provided in the return. Counsel for the Appellant wants to dispute the position indicated therein.

We are not here to adjudicate the issue of right, title and interest in the present appeal. Prima facie being satisfied with the inputs provided by the

State in their return, it is left open to the Appellant to choose his next course of action.

Appeal is dismissed.