Chattisgarh High Court
Dulari And Ors vs The State Of Chhattisgarh And Ors on 15 November, 2021
Author: Rajendra Chandra Singh Samant
Bench: Rajendra Chandra Singh Samant
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Reserved for orders on :23/09/2021
Order passed on : 15/11/2021
WP227 No. 755 of 2014
1. Dulari W/o Jagdish Aged About 36 Years, R/o Village Malidih, P.S.
Tumgaon, Tahsil and Distt. Mahasamund C.G. , Chhattisgarh
2. Gayatri S/o Mohan Chandrakar Aged About 46 Years, R/o Village
Malidih, P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G., District :
Mahasamund, Chhattisgarh
3. Santoshi W/o Shri Ramkumar Nayak, Aged About 35 Years, R/o Village
Malidih, P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G. , District :
Mahasamund, Chhattisgarh
4. Chameli W/o Ganeshuram Aged About 60 Years, R/o Village Malidih,
P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G., District :
Mahasamund, Chhattisgarh
5. Champeshwar S/o Shri Prabhulal Kalar, Aged About 43 Years, R/o
Village Malidih, P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G. ,
District : Mahasamund, Chhattisgarh
6. Khemraj S/o Shatrughan Aged About 30 Years, R/o Village Malidih, P.S.
Tumgaon, Tahsil and Distt. Mahasamund C.G., District : Mahasamund,
Chhattisgarh
7. Nohar S/o Dashrath, Aged About 35 Years, R/o Village Malidih, P.S.
Tumgaon, Tahsil and Distt. Mahasamund C.G., District : Mahasamund,
Chhattisgarh
8. Suresh Kumar S/o Shankar Prasad Aged About 41 Years, R/o Village
Malidih, P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G. , District :
Mahasamund, Chhattisgarh
9. Punaram S/o Tulsiram, Aged About 49 Years, R/o Village Malidih, P.S.
Tumgaon, Tahsil and Distt. Mahasamund C.G., District : Mahasamund,
Chhattisgarh
10. Mehataru S/o Paraghi Aged About 62 Years, R/o Village Malidih, P.S.
Tumgaon, Tahsil and Distt. Mahasamund C.G. , District : Mahasamund,
Chhattisgarh
11. Lekharam S/o Mannuram, Aged About 43 Years, R/o Village Malidih,
P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G., District :
Mahasamund, Chhattisgarh
12. Laxman S/o Bhodhram Patel, Aged About 74 Years, R/o Village Malidih,
P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G., District :
Mahasamund, Chhattisgarh
13. Kanhaiya S/o Chaituram Sonwani, Aged About 45 Years, R/o Village
Malidih, P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G., District :
Mahasamund, Chhattisgarh
14. Hemant S/o Madan Marar, Aged About 35 Years, R/o Village Malidih,
P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G., District :
Mahasamund, Chhattisgarh
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15. Ashok S/o Bharatlal Aged About 43 Years, R/o Village Malidih, P.S.
Tumgaon, Tahsil and Distt. Mahasamund C.G., District : Mahasamund,
Chhattisgarh
16. Jitendra Kumar S/o Shyamlal Aged About 31 Years, R/o Village Malidih,
P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G., District :
Mahasamund, Chhattisgarh
17. Baishakhu S/o Swaroop, Aged About 38 Years, R/o Village Malidih, P.S.
Tumgaon, Tahsil and Distt. Mahasamund C.G., District : Mahasamund,
Chhattisgarh
18. Ramesh Kumar S/o Mukundram Patel Aged About 48 Years, R/o Village
Malidih, P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G., District :
Mahasamund, Chhattisgarh
19. Nandkumar S/o Shri Bisaru Aged About 59 Years, R/o Village Malidih,
P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G., District :
Mahasamund, Chhattisgarh
20. Budharu S/o Latel Rawat Aged About 56 Years, R/o Village Malidih, P.S.
Tumgaon, Tahsil and Distt. Mahasamund C.G., District : Mahasamund,
Chhattisgarh
21. Shatruhan S/o Shri Punuram Patel Aged About 60 Years, R/o Village
Malidih, P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G., District :
Mahasamund, Chhattisgarh
22. Ganesh S/o Pancham Yadav Aged About 28 Years, R/o Village Malidih,
P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G., District :
Mahasamund, Chhattisgarh
23. Shyamlal S/o Jageshwar Aged About 45 Years. R/o Village Malidih, P.S.
Tumgaon, Tahsil and Distt. Mahasamund C.G., District : Mahasamund,
Chhattisgarh
24. Ramcharan Nayak, S/o Paraghi Aged About 55 Years, R/o Village
Malidih, P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G., District :
Mahasamund, Chhattisgarh
25. Kumar Devdas, S/o Mangalu Aged About 60 Years, R/o Village Malidih,
P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G., District :
Mahasamund, Chhattisgarh
26. Roshan Asgar S/o Gangadhar, Aged About 47 Years, R/o Village
Malidih, P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G., District :
Mahasamund, Chhattisgarh
27. Manoj Kumar Asgar S/o Faganu Aged About 29 Years, R/o Village
Malidih, P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G., District :
Mahasamund, Chhattisgarh
28. Sharda Bai, W/o Madho Aged About 45 Years, R/o Village Malidih, P.S.
Tumgaon, Tahsil and Distt. Mahasamund C.G., District : Mahasamund,
Chhattisgarh
29. Kriparam Donkare S/o Madhu Aged About 45 Years, R/o Village Malidih,
P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G., District :
Mahasamund, Chhattisgarh
30. Rajesh Kumar S/o Shyamlal Aged About 30 Years, R/o Village Malidih,
P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G., District :
Mahasamund, Chhattisgarh
31. Baldau Chandrakar S/o Lakhanlal, Aged About 42 Years, R/o Village
Malidih, P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G., District :
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Mahasamund, Chhattisgarh
32. Diwakar Asgar, S/o Gangadhar, Aged About 46 Years, R/o Village
Malidih, P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G., District :
Mahasamund, Chhattisgarh
33. Gularam Patel, S/o Baratram Aged About 57 Years, R/o Village Malidih,
P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G., District :
Mahasamund, Chhattisgarh
34. Nandkumar Chandrakar, S/o Fatturam Aged About 44 Years, R/o Village
Malidih, P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G., District :
Mahasamund, Chhattisgarh
35. Ganesh S/o Gannuram, Aged About 41 Years, R/o Village Malidih, P.S.
Tumgaon, Tahsil and Distt. Mahasamund C.G., District : Mahasamund,
Chhattisgarh
36. Uderam Ratre S/o Maniram Aged About 35 Years, R/o Village Malidih,
P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G., District :
Mahasamund, Chhattisgarh
37. Gopuram Yadav, S/o Bagasram Aged About 50 Years, R/o Village
Malidih, P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G. , District :
Mahasamund, Chhattisgarh
38. Santosh Nayak S/o Lachchhiram Aged About 33 Years, R/o Village
Malidih, P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G., District :
Mahasamund, Chhattisgarh
39. Shikumar Nayak S/o Paraghi Aged About 42 Years, R/o Village Malidih,
P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G., District :
Mahasamund, Chhattisgarh
40. Jagmohan Teli, S/o Fekuram, Aged About 44 Years, R/o Village Malidih,
P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G., District :
Mahasamund, Chhattisgarh
41. Hemlal S/o Mukund Aged About 31 Years, R/o Village Malidih, P.S.
Tumgaon, Tahsil and Distt. Mahasamund C.G., District : Mahasamund,
Chhattisgarh
42. Chatur Singh S/o Tularam Aged About 64 Years, R/o Village Malidih,
P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G., District :
Mahasamund, Chhattisgarh
43. Johan Lal S/o Shri Bisaru Aged About 41 Years, R/o Village Malidih, P.S.
Tumgaon, Tahsil and Distt. Mahasamund C.G., District : Mahasamund,
Chhattisgarh
44. Santosh S/o Ramprasad Kumhar, Aged About 40 Years, R/o Village
Malidih, P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G., District :
Mahasamund, Chhattisgarh
45. Ashbai W/o Raju Rawat, Aged About 39 Years, R/o Village Malidih, P.S.
Tumgaon, Tahsil and Distt. Mahasamund C.G., District : Mahasamund,
Chhattisgarh
46. Meenabai W/o Ramgopal Aged About 45 Years, R/o Village Malidih, P.S.
Tumgaon, Tahsil and Distt. Mahasamund C.G., District : Mahasamund,
Chhattisgarh
47. Indujeet S/o Puran Mehar, Aged About 31 Years, R/o Village Malidih,
P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G., District :
Mahasamund, Chhattisgarh
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48. Dwarika Yadav S/o Budharu, Aged About 45 Years, R/o Village Malidih,
P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G., District :
Mahasamund, Chhattisgarh
49. Ramnarayan S/o Seukram Gada Aged About 34 Years, R/o Village
Malidih, P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G., District :
Mahasamund, Chhattisgarh
50. Shivprasad S/o Arun Kurmi, Aged About 38 Years, R/o Village Malidih,
P.S. Tumgaon, Tahsil and Distt. Mahasamund C.G., District :
Mahasamund, Chhattisgarh
---- Petitioners
Versus
1. The State Of Chhattisgarh, Through : The Secretary, Revenue
Department, New Rajdhani, P.S. Rakhi, Tahsil and District - Raipur
(C.G.), Chhattisgarh
2. The Collector Mahasamund, Collectorate Campus, Mahasamund, P.S.
Mahasamund, Tahsil and Distt. Mahasamund (C.G.), District :
Mahasamund, Chhattisgarh
3. The Sub Divisional Magistrate, Mahasamund, Collectorate Campus,
Mahasamund, P.S. Mahasamund, Tahsil and Distt. Mahasamund (C.G.),
District : Mahasamund, Chhattisgarh
4. The Divisional Forest Officer, Mahasamund, Forest Department, Civil
Lines, Nearby Collectorate, P.S. Mahasamund, Tahsil and Distt.
Mahasamund (C.G.), District : Mahasamund, Chhattisgarh
5. The Deputy Commissioner Tribal Welfare Department, Mahasamund,
Civil Lines, Nearby Collectorate, Tahsil and Distt. Mahasamund (C.G.),
District : Mahasamund, Chhattisgarh
6. The Chhattisgarh State Forest Development Corporation Limited, Bar
Nawapara, Through : The Managing Director, Bar Nawapara Pariyojna
Mandal, Raipur, C-52, Sector 2, Devendra Nagar, Raipur, P.S. Civil
Lines, Tahsil and Distt. Raipur (C.G.), District : Raipur, Chhattisgarh
7. Shiv Kumar Chandrakar S/o Binde Singh, Aged About 56 Years, R/o
Village Malidih, P.S. Tumgaon, Distt. Mahasamund (C.G.), District :
Mahasamund, Chhattisgarh
8. Daulatram S/o Tijauram, Aged About 40 Years, R/o Village Malidih, P.S.
Tumgaon, Distt. Mahasamund(C.G.), District : Mahasamund,
Chhattisgarh
9. Ramesh Kumar S/o Anandram, Aged About 45 Years, R/o Village
Malidih, P.S. Tumgaon, Distt. Mahasamund (C.G.), District :
Mahasamund, Chhattisgarh
10. Premshankar Patel, S/o Hetram, Aged About 28 Years, R/o Village
Malidih, P.S. Tumgaon, Distt. Mahasamund (C.G.), District :
Mahasamund, Chhattisgarh
11. Manoharlal S/o Sharda Prasad, Aged About 44 Years, R/o Village
Malidih, P.S. Tumgaon, Distt. Mahasamund (C.G.), District :
Mahasamund, Chhattisgarh
12. Ravindra Chandrakar S/o Tulsiram, Aged About 43 Years, R/o Village
Malidih, P.S. Tumgaon, Distt. Mahasamund (C.G.), District :
Mahasamund, Chhattisgarh
13. Anandram Patel S/o Nikanth, Aged About 32 Years, R/o Village Malidih,
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P.S. Tumgaon, Distt. Mahasamund (C.G.), District : Mahasamund,
Chhattisgarh
14. Roshanlal S/o Billuram, Aged About 43 Years, R/o Village Malidih, P.S.
Tumgaon, Distt. Mahasamund (C.G.), District : Mahasamund,
Chhattisgarh
15. Dwarika Chandrakar S/o Bhakt, Aged About 49 Years, R/o Village
Malidih, P.S. Tumgaon, Distt. Mahasamund (C.G.), District :
Mahasamund, Chhattisgarh
16. Subhash Kumar Patel S/o Ramdin, Aged About 32 Years, R/o Village
Malidih, P.S. Tumgaon, Distt. Mahasamund (C.G.), District :
Mahasamund, Chhattisgarh
17. Khemraj S/o Punitram, Aged About 32 Years, R/o Village Malidih, P.S.
Tumgaon, Distt. Mahasamund (C.G.), District : Mahasamund,
Chhattisgarh
18. Dhananjay Patel, S/o Yadram, Aged About 49 Years, R/o Village Malidih,
P.S. Tumgaon, Distt. Mahasamund (C.G.), District : Mahasamund,
Chhattisgarh
19. Dwarika Prasad Chandrakar, S/o Fannuram, Aged About 48 Years, R/o
Village Malidih, P.S. Tumgaon, Distt. Mahasamund (C.G.), District :
Mahasamund, Chhattisgarh
20. Krishna Kumar Patel, S/o Suratlal, Aged About 41 Years, R/o Village
Malidih, P.S. Tumgaon, Distt. Mahasamund (C.G.), District :
Mahasamund, Chhattisgarh
21. Ramkumar Patel, S/o Suratlal, Aged About 38 Years, R/o Village
Malidih, P.S. Tumgaon, Distt. Mahasamund (C.G.), District :
Mahasamund, Chhattisgarh
22. Harishankar Patel, S/o Forilal Aged About 40 Years, R/o Village Malidih,
P.S. Tumgaon, Distt. Mahasamund (C.G.), District : Mahasamund,
Chhattisgarh
23. Nathuram Sen, S/o Ganguram Aged About 52 Years, R/o Village
Malidih, P.S. Tumgaon, Distt. Mahasamund (C.G.), District :
Mahasamund, Chhattisgarh
24. Geskumar Patel, S/o Pilauram, Aged About 36 Years, R/o Village
Malidih, P.S. Tumgaon, Distt. Mahasamund (C.G.), District :
Mahasamund, Chhattisgarh
25. Shivkumar Chandrakar S/o Bindesingh, Aged About 56 Years, R/o
Village Malidih, P.S. Tumgaon, Distt. Mahasamund (C.G.), District :
Mahasamund, Chhattisgarh
26. Kirtan Patel, S/o Sonsai Patel, Aged About 54 Years, R/o Village Malidih,
P.S. Tumgaon, Distt. Mahasamund (C.G.), District : Mahasamund,
Chhattisgarh
27. Anandram, S/o Ruplal, Aged About 43 Years, R/o Village Malidih, P.S.
Tumgaon, Distt. Mahasamund (C.G.), District : Mahasamund,
Chhattisgarh
28. Ugrasen Patel, S/o Chandrika Prasad, Aged About 45 Years, R/o Village
Malidih, P.S. Tumgaon, Distt. Mahasamund (C.G.), District :
Mahasamund, Chhattisgarh
29. Shambhulal Patel, S/o Sankirtan, Aged About 42 Years, R/o Village
Malidih, P.S. Tumgaon, Distt. Mahasamund (C.G.), District :
Mahasamund, Chhattisgarh
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30. Ratilal Patel, S/o Boturam, Aged About 45 Years, R/o Village Malidih,
P.S. Tumgaon, Distt. Mahasamund (C.G.), District : Mahasamund,
Chhattisgarh
31. Tulsiram Patel, S/o Hariram Patel, Aged About 52 Years, R/o Village
Malidih, P.S. Tumgaon, Distt. Mahasamund (C.G.), District :
Mahasamund, Chhattisgarh
32. Uddhav Prasad Patel, S/o Kamal Prasad, Aged About 39 Years, R/o
Village Malidih, P.S. Tumgaon, Distt. Mahasamund (C.G.), District :
Mahasamund, Chhattisgarh
---- Respondents
For Petitioners - Mr. Rajat Agrawal, Advocate.
For State/Respondents No.1 to 5 - Ms. Hamida Siddiqi, Deputy Advocate General.
For Respondent No.6- Shri S.S. Baghel, Advocate on behalf of Shri B.D. Guru, Advocate.
Hon'ble Shri Justice Rajendra Chandra Singh Samant CAV Order 15-11-2021
1. This petition has been brought being aggrieved by the order dated 01- 09-2014 passed by the Collector, District Mahasamund in Revenue Case No.06/B-121 Year 2013-14 by which Van Adhikar Manyata Praman Patra granted to the petitioners was cancelled.
2. The petitioners are permanent residents of Village Malidih, Tahsil and District Mahasamund. The petitioners and respondent No.7 to 32 were granted lease of forest lands vide Annexure -P/2 on 14-02-2014. The grant of lease to respondents 7 to 32 was objected by the petitioners on the ground that the respondents have no entitlement for grant of such lease, on the basis of which the Revenue Case No. 06/B-121 Year 2013-14 was registered in which the impugned order has been passed.
3. It is submitted that the impugned order is illegal, inappropriate and unsustainable. The lease granted to the petitioners has been cancelled only to justify the illegal allotment of land to ineligible respondents No.7 to 32 because the petitioners had grievances regarding the allotment of lands to the ineligible persons. According to Section 4 of Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (in short 'the Act, -7- 2006'), a right conferred by sub-section (1) shall be heritable but not alienable or transferable and shall be registered jointly in the name of both the spouses in case of married persons and in the name of the single head in the case of a household headed by a single person. Section 6 of the same is for authorities and procedure for vesting of forest rights. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007 (in short 'Rules, 2007') provides for Functions of the Sub-Divisional Level Committee which shall provide information and regulate the functioning of Gram Sabha. It is submitted that according to Rules, 2007 the Collector has no authority to pass order as it has been passed in the impugned order. The procedure as laid down by Rule 6, 7 and 12 have not been followed before passing of the impugned order. There had been no complaint against the present petitioners. Reliance has been placed on the judgment of Maharashtra High Court in the matter of Lalba Nana Bethekar Vs. Sub-Divisional Officer and Forest Rights Coordinator, Amravati and others, 2017(4) Mh.L.J. 433. Hence, the impugned order is liable to be set aside.
4. The State counsel appearing for respondents No.1 to 5 opposes the submission made by the petitioners' counsel and submits that the impugned order does not suffer from any infirmity. The petitioners although granted lease for the forest lands, but after examination of the complaint and the report received, it was found that the petitioners did not fit in the criterion for allotment of the forest lands on lease. It is also submitted that the petition filed under Article 227 of the Constitution of India is not maintainable, because the impugned order is appealable. It is also submitted that the impugned order is complied with, therefore, the present petition is not maintainable. Hence, the petition may be dismissed.
5. I have heard the learned counsel for both the parties and perused the documents placed on record.
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6. The petitioners and the respondent No. 7 to 32 have been issued a documents of title for forest land under occupation under the proforma provided in Annexure-II under Rule 8H of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007 (In short 'Rule 2007'). Copy of this proforma documents have been attached with this petition. On this basis, it can be deemed that the procedure as provided under Rule 11, 12 and 13 of the Rules, 2007 were followed and complied with, before issuance of proforma documents of the title. The grievance with regard to resolution of the Gram Sabha has to be addressed to the Sub-Divisional Level Committeee as provided under Rule 14 of Rule, 2007, subsequent to which any person aggrieved by the decision of the Sub-Divisional Level Committee has entitlement to prefer a petition, before the District Leval Committee according to Rule 15 of the Rules, 2007.
7. The grant of forest rights is governed by Rule -8 of Rule 2007. Although there is a State Level Monitoring Committee constituted as per Rule -9 of Rule 2007, regarding which, there is a provision under Section 6 Sub-section 7 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (In short 'the Act, 2006'), but the function of such State Level Monitoring Committee is limited and only for the purpose of monitoring the procedure as provided in the Act, 2006 and Rules 2007.
8. The challenge to the forest rights once granted can be made in accordance with the Rule 14 and Rule 15 against the decision of resolution of the Gram Sabha and against the decision of Sub-Divisional Level Committee. But there is no other procedure provided in the Act, 2006 and Rules 2007 regarding the procedure of law for withdrawal of forest rights once granted to the persons concerned.
9. On perusal of the impugned order, it is reflected that the petitioners herein made a complaint that the respondent No.7 to 32 have been illegally -9- granted forest rights without their being any entitlement present. The Collector, Mahasamund i.e. respondent No.2, registered the complaint as Revenue Case No.6/B-121/2013-14 and called for a report from S.D.O.(Revenue), Mahasamund. After submission of report by S.D.O. (Revenue), Mahasamund and the report of an enquiry committee, the impugned order has been passed. The procedure followed in passing of the impugned order is not provided for either in the Act, 2006 or in the Rules, 2007. Further it is only the respondent No.2, who has passed the impugned order in the official capacity of the Collector, Mahasamund and not in the capacity of the District Level Committee as provided under the Act, 2006 and Rules, 2007, therefore, the impugned order passed is without the authority of any law or any procedure as provided under the law. Hence, such order is totally unsustainable.
10. In view of the forgoing discussion made here-in-above, this petition is allowed in part. The impugned order dated 01.09.2014 is hereby quashed. The petitioners shall be at liberty to move petition against the respondents No.7 to 32, before the Sub-Divisional Level Committee as provided under Rule 14 of the Rules, 2007 to seek remedy for their grievances.
11. Accordingly, this petition is disposed off.
Sd/-
(Rajendra Chandra Singh Samant) Judge Aadil