1 2025:CGHC:15079 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1653 of 2025 1 - Devnarayan Sahu S/o Jagatram Sahu Aged About 54 Years Caste Teli, R/o Village Akalwara, Tahsil Chhura, District Gariyaband, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhawan, Atal Nagar, New Mantralaya, Naya Raipur, District Raipur, Chhattisgarh. 2 - Collector, Gariyaband District Gariyaband, Chhattisgarh. 3 - Sub Divisional Officer (Rev.) Gariyaband, District : Gariyabandh, Chhattisgarh 4 - Tahsildar, Tahsil Chhura, District : Gariyabandh, Chhattisgarh 5 - Sarpanch Of Gram Panchayat Akalwara Tahsil Chhura, District : Gariyabandh, Chhattisgarh 6 - Secretary Of Gram Panchayat Akalwara Tahsil Chhura, District : Gariyabandh, Chhattisgarh ... Respondent(s) (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. K. P. Sahu, Advocate For State :- Mr. Satish Gupta, Govt. Advocate ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 28.03.2025 1. By the present writ petition, the petitioner is seeking for the following reliefs:- “10.1.That, the Hon'ble Court may kindly be pleased to direct the respondent authorities to consider the complaints / representations of the petitioner and to remove / evict from started construction of Aagan Badi Centre Building upon nistari 2 road of the petitioner and his family members at the earliest, in the interest of justice. 10.2 Any other relief, which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be granted in favour of the petitioner.” 2. Learned counsel for the petitioner submits that the petitioner is permanent resident of village Akalwara, Tahsil Chhura, District Gariyaband (Chhattisgarh) and land in dispute is ancestral property of the petitioner and his brothers. They have also been allotted the land under the scheme of Right to Bhumi Swami by issuing certificate. Petitioner is in peacefully possession upon the said land and has constructed the house and courtyard for living and cultivating paddy and vegetable upon the said ancestral property. Petitioner has recorded his name in the revenue record upon aforesaid land. In front of his land, a lane is situated and he is using the same for his easementary right, however, respondents No. 5 and 6 are constructing a Aagan Badi Centre while blocking road, due to which, easementary right of petitioner is being effected. Some photographs have also been annexed along with the writ petition showing the construction which has been carried out in front of the gate. Petitioner has already filed several representations / applications before the respondents which is still pending and no action has been taken on the part of the respondents. The petitioner is seeking a limited prayer in this writ petition, specifically requesting a direction to the respondents to consider his applications / representations and to restrain respondents from constructing an Aagan Badi Centre Building on the petitioner's Nistari Road. 3 3. On the other land, learned State counsel raises preliminary objection stating that petitioner has not approached before concerned authority under Section 131 of Chhattisgarh Land Revenue Code, 1959 for the reliefs which he is claiming in this petition. 4. I have heard learned counsel for the parties and also perused the records enclosed along with the writ petition. 5. Considering aforesaid aspect of the matter that petitioner is having an alternate remedy, petitioner is directed to approach before the Sub- Divisional Officer (Revenue), Gariyaband and the Tahsildar, Gariyaband by way of filing an application along with all the documents as annexed in this writ petition and, in turn, the concerned authorities are directed to consider the same and to take appropriate steps in accordance with law. 6. With the aforesaid observation and direction, this writ petition is disposed of. 7. Certified copy today. Sd/- (Amitendra Kishore Prasad) Shayna Judge Digitally signed by SHAYNA KADRI