High CourtsSingle Bench(2018) 09 CHH CK 0346

Moolchand vs State Of Chhattisgarh And Ors

Chhattisgarh High Court · Decided on 24 September 2018

HON’BLE JUDGES
Prashant Kumar Mishra, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 2604 Of 2018

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Judgment

13 paragraphs · 212 words

Prashant Kumar Mishra, J

1.

Petitioner claims to be a tribal whose land has been illegally possessed by non tribals. On his behalf, the Chhattisgarh Anusuchit Jati, Anusuchit

Janjati Adhikari Karmachari Sangh has moved an application before the Hon'ble Governor of Chhattisgarh, however, no action has been taken on the

representation.

2.

It appears, the petitioner has the remedy of moving an application before the jurisdictional SDO (Revenue) under Section 170-B of the Chhattisgarh

Land Revenue Code, 1959 (for short the Code, 1959). A representation before the Hon'ble Governor may not be the appropriate step taken by the

association, therefore, if the petitioner is so advised, he may move before the jurisdictional SDO (Revenue) under Section 170-B of the Code, 1959 for

return of the land and on such application being filed, the concerned SDO (Revenue) shall consider and decide the same expeditiously, preferably

within a period of 6 months from the date of submission of application.

3.

At this stage, learned counsel for the petitioner would submit that the petitioner is a very poor and illiterate tribal, therefore, he may be provided

legal assistance.

4.

For seeking legal assistance, the petitioner may approach the District Legal Services Authority of the District of his residence.

5.

The writ petition stands disposed of.