Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:21206 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2366 of 2025 1 - Ramjan Ansari S/o Zizamuddin Ansari Aged About 35 Years Sadar/ President Anjuman Muradiya Committee Society Adrash Sadbhauna At Takiya Sharif Ambikapur District- Surguja (C.G.) R/o Village Ranpurkhurd (Takiya Shrif) Post Parsa P.S. Kotwali Tahsil Ambikapur District - Surguaj (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Department Of Revenue Mahanadi Bhawan Nawa Raipur Atal Nagar District- Raipur (C.G.) 2 - The Collector At Ambikapur District- District - Surguaj (C.G.) 3 - Irfan Siddiqui S/o Abdul Rasheed Siddiqui Aged About 46 Years General Secretary Anujman Islahul Muslimin Committee Sadar Road Ambikapur District - Surguja (C.G.) 4 - Gram Panchayat Ranpurkhurd Through Its Sarpanch Village Ranpurkhurd Tahsil Ambikapur District- Surguja (C.G.)
... Respondent(s) For Petitioner : Mr. Harshal Chouhan, Advocate For State : Mr. Santosh Bharat, Panel Lawyer SB- Hon'ble Shri Justice Amitendra Kishore Prasad
Order on Board 08/05/2025
1. The petitioner has filed this writ petition seeking following reliefs :-
“10.1 To call for the records of the case for the kind perusal of this Hon'ble Court. 10.2 This Hon'ble Court may allow the writ petition and to issue appropriate writ to res. no. 1 to restrain the Respondent No. 3 and the committee headed by him, from making any interference in the management of Takia Dargah Sharif contrary to resolution passed by gram panchayat Ranpurkhurd and further to restrain the respondent no. 3 in making any encroachment over the land bearing Digitally signed by SHAYNA KADRI
2 khasra no. 95/1, 95/2 and 96/1 situated at village Ranpurkhurd, Tahsil Ambikapur district Sarguja (C.G.) 10.3 Any other relief deemed fit in the facts and circumstances of the case may also be granted.”
2.
Facts of the case, in a nutshell, are that the petitioner, who is the President of the Anjuman Muradiya Committee—a registered society under the Chhattisgarh Society Registration Act, 1973—has filed the present writ petition challenging the inaction of respondent no.1 (the concerned authority) for failing to act upon the representation made against respondent no. 3. The petitioner alleges that respondent no.3, namely Anjuman Islahul Muslemin Committee, Ambikapur, has been unlawfully encroaching upon and interfering with the management of a Dargah known as “Takia Majar Sharif,” which is located on government land (Khasra No. 96/1) in Village Ranpurkhurd, Tahsil Ambikapur, District Sarguja, Chhattisgarh. The Anjuman Muradiya Committee has been managing the affairs of the Dargah legally as per a resolution dated 15.11.2024 passed by the concerned Gram Panchayat, which authorized the committee to take charge of and care for the Dargah. Despite having no legal right over the Dargah land, respondent no.3 is allegedly asserting ownership and causing obstruction. The land owned by respondent no.3 is stated to be Khasra Nos. 1/2, 1/10, 67, and 71, which is distinct from the Dargah land. The petitioner and the Gram Panchayat have submitted a complaint to the Collector seeking intervention, but no action has been taken so far, leading to continued difficulties in the administration and upkeep of the Dargah.
3.
Learned counsel for the petitioner submits that the inaction on the part of respondent no.1 in failing to take any measures against respondent no.3, despite repeated representations and complaints, is wholly
3 arbitrary and reflects administrative negligence. It is contended that the Dargah known as Takia Dargah Sharif is situated over Government land bearing Khasra Nos. 95/1 and 95/2. Despite the land being Government property, respondent no.3, without any legal right or authority, is attempting to encroach upon the said land and interfere in the affairs of the Dargah, allegedly in connivance with certain officials. It is further submitted that the said land falls within the jurisdiction of Gram Panchayat Ranpurkhurd, which, through a valid and unchallenged resolution dated 15.11.2024, entrusted the management of the Dargah to the petitioner committee. This resolution, being lawful and final, authorizes the petitioner to look after the affairs of the Dargah. Despite this, respondent no. 3 is unlawfully interfering in the management and also attempting to assert ownership over the Government land, which is illegal and unjustified. The petitioner, along with the Gram Panchayat, has continuously lodged complaints before the concerned authorities highlighting the illegal actions of respondent no. 3. However, the respondent authorities, particularly respondent no.1, have failed to take any action or even decide upon the representations made by the petitioner. At this stage, learned counsel for the petitioner submits that petitioner is praying for limited relief seeking a direction to the respondent No. 2 / Collector, Ambikapur, Distt. - Surguja to take decision on the pending representation submitted by petitioner on 01.04.2025 and 07.04.2025 within some stipulated period in accordance with law. 4. Learned State counsel submits that in view of the limited prayer made by learned counsel for petitioners seeking a direction to the concerned respondents to decide the representation, he is having no objection. 4
5. I have heard learned counsel for the respective parties and also perused the documents annexed along with the petition. 6. In view of the above submissions and considering the limited nature of the relief sought, the present writ petition is disposed of with a direction to respondent no.
2, Collector, Ambikapur, District Surguja, to consider and decide the representations submitted by the petitioner on 01.04.2025 and 07.04.2025 strictly in accordance with law and on their own merits, after affording due opportunity of hearing to all concerned parties, expeditiously, preferably within a period of three months from the date of receipt of certified copy of this order. 7. It is made clear that this Court has not expressed any opinion on the merits of the case. 8. With this observation and direction, this petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Shayna
JUDGE