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2024 Supreme(Chh) 345

RAKESH MOHAN PANDEY
Nirmala Toppo died through Lrs. – Appellant
Versus
State of Chhattisgarh, through the Secretary, Scheduled Caste and Scheduled Tribe Development Department, Chhattisgarh – Respondent


Advocates Appeared:
For the Petitioners:Mr. Ashok K. Shukla, Advocate and Mr. Ashutosh Rathore.
For the State :Mr. Shashank Thakur, Deputy Advocate General.

ORDER :

1. By way of this petition, the following relief(s) have been sought:-

    “10.1 This Hon’ble Court may graciously be pleased to issue a writ of certiorary/mandamus or of like nature to quash the impugned order dated 30.01.2017 and order dated 08.11.2017 (Annexure P/1 & P/2), reinstating the lease/Van Adhikar Patta of the petitioners with suitable direction to protect her rights.

10.2 Command /direction may kindly be issued to call for the entire records pertaining to the case for the kind perusal of this Hon’ble Court.

10.3 Any other relief, which is deemed fit and proper, may also be awarded to the petitioner including the cost of the petition.”

2. During the pendency of this petition, the sole petitioner (Smt. Nirmala Toppo) expired on 10.02.2021, and her legal representatives have been brought on record as the petitioners.

3. The facts of the present case are as follows:-

    a. The original petitioner was a member of the aboriginal tribe and she was staying along with her family in a scheduled area at Village Kumdewa, Tahsil Udaipur, District Surguja.

b. An application was moved by the original petitioner for the grant of ‘forest right lease’ concerning land bearing survey No. 233/1,

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