Bharat Singh Gond and Ors. Vs State of Chhattisgarh and Ors.

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2024:CGHC:45937

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Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.01.30 11:45:02 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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NAFR

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WPC No. 329 of 2012

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Bharat Singh Gond S/o Akhatram Gond aged about 40 years, Occupation – Agriculturist.

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Jhaduram Uraon S/o Magra Uraon aged about 70 years Occupation – Agriculturist.

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Firtu Uraon S/o Sukhiram Uraon aged about 60 years Occupation – Agriculturist.

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Mohitram Gond S/o Anandram Gond aged about 80 years Occupation – Agriculturist.

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Santram Bhaina S/o Sukhru Bhaina aged about 60 years Occupation – Agriculturist.

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Mantori Kanwar S/o Kartikram kanwar aged about 60 years Occupation – Agriculturist.

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Devilal Kanwar S/o Ritram Kanwar aged about 40 years Occupation – Agriculturist.

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Ritram Kanwar S/o Natthuram Kanwar aged about 62 years Occupation – Agriculturist.

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Mehettar Kanwar S/o Natthuram Kanwar aged about 62 years Occupation – Agriculturist.

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Rameshwar Sahu S/o Krparam Sahu aged about 75 years Occupation – Agriculturist.

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Itwari S/o Ghasia aged about 72 years Occupation – Agriculturist.

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Manmohan Sahu S/o Narayan Sahu aged about 65 years Occupation – Agriculturist.

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Rudra Kumar Sahu S/o Manhor Sahu aged about 45 years Occupation – Agriculturist.

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Budheshwar Prasad Bareth S/o Sohit Bareth aged about 60 years Occupation – Agriculturist.

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Sant Ram Sahu S/o Ramswaroop Sahu aged about 47 years Occupation – Agriculturist.

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Lakhan Rathore S/o Beniram Rathore aged about 61 years Occupation – Agriculturist.

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Mahadev S/o Kartikram aged about 49 years Occupation – Agriculturist.

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Mukutram bareth S/o Jaitram Bareth aged about 72 years Occupation – Agriculturist.

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Sadhram Kewat, S/o Kartik Kewat, aged about 45 years, Occupation – Agriculturist

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Chandrika Bareth, S/o Rampyari Bareth, aged about 27 years, Occupation Agriculturist

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Rajendra Rathore, S/o Getaram Rathore, aged about 26 years. Occupation Agriculturist

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Pardeshi Bareth, S/o Buddhram Bareth, aged about 59 years, Occupation Agriculturist

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Rambarosh Jaiswal, S/o Karia Jaiswal, aged about 60 years, Occupation – Agriculturist

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Jhabbu das Mahant, S/o Jhurudas Mahant, Occupation – Agriculturist

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Premlal Sahu, S/o Bisahu Sahu, aged about 50 years, Occupation – Agriculturist

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Kaushal Jaiswal, S/o Karia Jaiswal, aged about 55 years Occupation – Agriculturist

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Dhajaram Bareth, S/o Negiram Bareth, aged about 70 years, Occupation Agriculturist

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Hariram Sahu, S/o Jyodhi Ram Sahu, aged about 69 years, Occupation - Agriculturist

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Uttam kumar Bareth, S/o Hetram Bareth, aged about 35 years, Occupation Agriculturist

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Ramji Bareth, S/o Santram Bareth, aged about 50 years, Occupation – Agriculturist 31. Satyanarayan, S/o Anandram, aged about 45 years, Occupation – Agriculturist 32. Dayaram kewat, S/o Bhagau Kewat, aged about 65, Occupation – Agriculturist 33. Bholaram Bareth, S/o Kodoram Bareth, aged about 40 years, Occupation Agriculturist 34. Basant Jaiswal, S/o Natthu Jaiswal, aged about 55 years, Occupation Agriculturist 35. Chaitram Yadav, S/o Chamra Yadav, aged about 38 years, Occupation – Agriculturist 36. Kunjram Bareth, S/o Late Atmaram Bareth, aged about 45 years, Agriculturist Occupation 37. Maniram Bareth, S/o Sonsai Bareth, aged about 65 years, Occupation - Agriculturist 38. Bhagwat Sahu, S/o Kapil Sahu, aged about 55 years, Occupation – Agriculturist 39. Setram Bareth, S/o Itwari Bareth, aged about 55 years, Occupation – Agriculturist 40. Firatram Yadav, S/o Putau Yadav, aged about 50 years, Occupation – Agriculturist 41. Itwari Bareth, S/o Awadram Bareth, aged about 40 years, Occupation - Agriculturist 42. Charan Das Mahant, S/o Sevak Mahant, aged about 34 years, Occupation Agriculturist 43. Bhojram, S/o Bodhiram, aged about 55 years, Occupation - Agriculturist 44. Ramswaroop Sahu, S/o Ananadram Sahu, aged about 72 years Occupation Agriculturist 45. Dhaniram Satnami, s/o Banthu Satnami, aged about 62 years, Occupation Agriculturist 46. Rambharos Suryawanshi, S/o Khadu Suryawanshi, aged about 45 years, Occupation Agriculturist

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Mahesh Ram Sahu, S/o Anandram Sahu, aged about 55 years, Occupation Agriculturist

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Sukhmat Bai Sahu, W/o Ganesh Ram Sahu, aged about 55 years, OccupationAgriculturist

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Neerat Yadav, S/o Ghasia Yadav, aged about 40 years, Occupation Agriculturist

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Dev Prasad Bhaina, S/o Devilal Bhaina, aged about 40 years, Occupation Agriculturist

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Borraram Sahu, S/o Sahasram Sahu, aged about 60 years, Occupation - Agriculturist

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Indram Sahu, S/o Mahettar Sahu, aged about 42 years, Occupation - Agriculturist

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Ram Prasad Sahu, S/o Nanki Sahu, aged about 40 years occupation – Agriculturist

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Budhram Bareth S/o manau bareth aged about 60years Occupation Agriculturist.

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Chhotelal Bareth S/o Mohit bareth aged about 60 years occupation Agriculturist.

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Jhaduram yadav S/o Totawa Yadav aged about 58 years Occupation – Agriculturist.

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Malikram bareth S/o Ram Prasad Bareth aged about 70 Occupation-Agriculturist.

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Baldau Shrivas, S/o Bhakala Shrivas, aged about 55

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years, Occupation Agriculturist

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Santru Bareth, S/o Nankun Bareth, aged about 55 years,

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Occupation Agriculturist

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Ramdayal Kanwar, S/o Bisahu Kanwar, aged about 70 years, Occupation Agriculturis

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Ramcharan S/o Mahasingh Kanwar, aged about 60 years, Occupation – Agriculturist

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Mahavir Sahu, S/o Sahasram Sahu, aged about 45 years, Occupation – Agriculturist

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Satrughan Sahu, S/o Chhedilal Sahu, aged about 38 years, Occupation – Agriculturist

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Pardeshi Bareth, S/o Lukawu Bareth, aged about 38 years, Occupation – Agriculturist

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Bhuski Mahant, S/o Shyam Das, aged about 50 years, Occupation – Agriculturist

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Durga Prashad Rathore, S/o Shyamji Rathore, aged about 45 years, Occupation – Agriculturist

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Lukau Bareth, S/o Awadhram Bareth, aged about 65 years, Occupation – Agriculturist

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Shyamlal Bareth, S/o Sonsai Bareth, aged about 60 years, Occupation – Agriculturist

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Lakhmin Bai Dhanpat, S/o Khora Bareth, aged about 70 years, Occupation Agriculturist

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Ram Gulam Jaiswal, S/o Sunilal Jaiswal, aged about 72 years, Occupation Agriculturist

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Kholbahara Kanwar, S/o Madho Kanwar, aged about 50 years, Occupation Agriculturist

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Bhakali Mahant, S/o Chotaka Mahant, aged about 60 years, Occupation Agriculturis

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Santosh Bareth, S/o Malikram Bareth, aged about 35 years, Occupation Agriculturist

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Ram lal yadav, S/o Udairam Yadav, aged about 70 years, Occupation Agriculturist

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All are R/o of Village Deragarh, Post Dumarpara, Tahsil Sakti, District Janjgir- Champa (C.G.)

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... Petitioners

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versus

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State of Chhattisgarh, through Secretary Department of Industries, D.K.S. Bhawan, Raipur, (C.G.) Mantralaya,

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Union of India, through Secretary, Ministry of Environment and Forest, CGO Complex, New Delhi (C.G.).

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Managing Director, Chhattisgarh State Industrial Development Corporation (C.S.I.D.C.), Jeevan Beema Parisar, Pandari Raipur, District Raipur (C.G.)

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Director, Directorate of Industries, 2nd Floor, Jeevan Beema Parisar, Pandari, Raipur, District Raipur (C.G.)

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Collector, Janjgir-Champa, District Janjgir- Champa, (C.G.)

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General Manager, District Trade and Industrial Centre, Champa, District Janjgir- Champa, (C.G.)

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Sub-Divisional Officer (Revenue) cum Land Acquisition Officer, Sakti, District Janjgir-Champa, (C.G.)

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Tahsildar, Sakti, District Janjgir-Champa, (C.G.)

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Regional Officer, Regional Office, Environment Conservation Board, Near Dindayal Park, Vyapar Vihar, Bilaspur, District Bilaspur (C.G.)

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M/s Aadhunik Power and Natural Resources Ltd., District Janjgir - Champa (C.G.) a subsidiary company of Adhunik Group, which has its registered office at 14 N.S. Road, 2nd Floor Kolkata 700001, West Bengal.

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... Respondents

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For Petitioners :Ms. Gunja Taram on behalf of Mr. Harsh Wardhan, Advocate. For Respondent/State :Mr. Suyashdhar Badgaiya, Dy. G.A. For Respondent No.2 Ms. Annapurna Tiwari, Advocate

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Hon’ble Shri Justice Amitendra Kishore Prasad

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Order on Board

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22/11/2024

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By the instant petition petitioner prays for following relief(s):-

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10.1 That, the Hon'ble Court may be kindly pleased to call for the entire records pertaining to the Land Acquisition of petitioners' land and in respect of establishment of the respondent no. 10's power plant pending, in the possession of the respondents, for its kind perusal.

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10.2 That, this Hon'ble Court may kindly be pleased to quash and set aside the impugned notifications issued under section 4 (ANNEXURE - P/1) and Section 6 (ANNEXURE - P/7) of the Land Acquisition Act, and declare the same to be illegal, non-est and void.

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10.3 That, this Hon'ble Court may kindly be pleased quash and set aside the entire land acquisition proceedings and the ANNEXURE - P/8, undertaken by the respondents and declare the same to be void ab initio.

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10.4 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/direction restraining the respondents and their agents from interfering with the property rights of the petitioners over their lands. 10.5 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/direction restraining the respondents from proceeding ahead with the acquisition proceedings in respect of the lands of the petitioners' during the pendency of the instant writ petition.

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10.6 That, the Hon'ble Court may be pleased to grant any other relief which the Hon'ble Court deems fit and proper in the facts and circumstances of the present case.

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10.7 That, the Hon'ble Court in the facts and circumstances of the present case may further be pleased to grant cost of the petition to the petitioner.

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Learned counsel for the respondent/State submits that an affidavit has been filed by the Officer-in-Charge, i.e., SDO (Revenue) JanjgirChampa along with a copy of the order sheet dated 14.11.2024 by which they have closed the proceedings drawn under the Land Acquisition Act pertaining to the land of the petitioner. The said affidavit reads as under:

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“I, Arun Kumar Som, aged about 44 years S/o. Shri Laxminath Som presently posted as Sub Divisional Officer (Revenue) Sakti District Sakti (CG) and duly appointed officer in charge of the case for respondents No.1 and 4 to 8/State in the present case, do hereby solemnly affirm on oath and declare as under: -

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That I am duly appointed officer in charge of the case for respondents No.1 and 4 to 8/State in the present case and the present affidavit is sworn in by the deponent in compliance of the directions of the Hon'ble Court.

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The petitioners have preferred the captioned writ petition challenging the legality, validity and propriety of the entire compulsory land acquisition proceedings (Annexure-P-8) initiated by the respondents State for establishment of power plant by respondent No. 10.

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That in present the case the respondents/State had duly filed their detailed reply Court Hon'ble this before on 14/08/2012. For the sake of brevity the answering

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respondents/State crave leave of this Hon'ble Court to advert to the facts and grounds mentioned in the reply for the purpose of present affidavit as well.

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That this Hon'ble Court vide its order dated 22/08/2024 has been pleased to direct to the respondents/State to file affidavit stating that the land sought to be required is no more required for acquisition.

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That in compliance of the directions of the Hon'ble Court it is respectfully submitted that upon the requisition made by the General Manager, District Trade Industry Centre, District Janjgir Champa the Sub Divisional Officer (Revenue) Sakti District Janjgir Champa (CG) have initiated the land acquisition proceedings for acquisition of the private lands including the land of the petitioner viz 258.37 Acres/104.258 Hectare for public purpose as per the Land Acquisition Act, 1894 vide Land Acquisition Case No. 06/A-82/10-11 and accordingly the notification under section 4(i) of the Land Acquisition Act, 1894 has been issued on 17/01/2011 and thereafter notification under section 6 of the Land Acquisition Act has been issued on 30/09/2011 objections have and thereafter made been by the Villagers/petitioners wherein they have stated that they will not give their land to respondent No.10 and since thereafter no further proceedings have been initiated in the land acquisition case by the land acquisition officer. 6. That during pendency of the land acquisition proceeding under section 9 of the Land Acquisition Act, 1894, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 came into effect with effect from 01/01/2014 and as per the provisions of section 24 of the Act, 2013 the land acquisition proceedings have been lapsed as in the present case no award under section 11 of the Act, 1894 has been passed and accordingly vide order dated 14/11/2024 the proceedings in Land Acquisition Case No. 06/A-82/10-11 has been dropped and further no fresh proceedings for acquisition of the land has been initiated as the land sought to be required is no more required for acquisition. Copy of the order dated 14/11/2024 is annexed herewith as DocumentA.

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That the above submissions and documents may kindly be taken on record of the case.”

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Along with the aforesaid affidavit of the Sub-Divisional Officer Revenue (Sakti), learned counsel for the State has also annexed the order-sheet dated 14.11.2024, passed by the Collector, according to which it has been stated that within one year of the coming into operation of Act of 2013 the proceedings have not been concluded accordingly as per Section 24(2) of the Act of 2013, the entire proceedings are vitiated and it has lapsed.

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Accordingly, on the basis of report submitted by the Sub-Divisional Officer Revenue (Sakti), the Collector is directed for closure of the proceedings as such nothing is required to be adjudicated and according to the aforesaid affidavit, now the subject land is not required to be acquisitioned by the State.

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In view of the above, the entire land acquisition proceedings is hereby quashed as per Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

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Accordingly, the instant writ petition is Allowed .

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Sd/(Amitendra Kishore Prasad) Judge

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vaishali

Bharat Singh Gond and Ors. v. State of Chhattisgarh and Ors.

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Bharat Singh Gond and Ors. v. State of Chhattisgarh and Ors.

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