1 2025:CGHC:21372 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3165 of 2024 Sanjay Kumar Rathore S/o Lt. Jad Bharat Rarthore, Aged About 40 Years R/o Village, Sonsari, Tehsil Akaltara, Police Station Mulmula, District- Janjgir-Champa (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Revenue Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Collector, District Janjgir- Champa (C.G.) 3 - Chief Executive Officer, Janpad Panchayat Akaltara, District Janjgir- Champa (C.G.) 4 - Sub-Divisional Officer, Akaltara, District Janjgir-Champa (C.G.) 5 - Naib Tehsildar, Tehsil Akaltara, District Janjgir-Champa (C.G.) 6 - Patwari, P.H.No.20, R.N.M.Nariyara, Tehsil Akaltara, District Janjgir- Champa (C.G.) 7 - Secretary, Gram Panchayat Sonsari, Tehsil Akalatara, District Janjgir-Champa (C.G.) 8 - Sarpanch, Village Sonsari, Janpad Panchayat Sonsari, Tehsil Akaltara, District Janjgir-Champa (C.G.) 9 - Madhuri Rathore, Janpad Member, Janpad Panchayat Sonsari, Tehsil Akaltara, District Janjgir-Champa (C.G.) ... Respondents (Cause-title taken from Case Information System) YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.05.24 13:22:02 +0530 2 For Petitioner : Mr. Sanjay Kumar Rathore, in person For State : Mr. Shreyansh Mehta, Panel Lawyer For Respective Respondents : Mr. Gyan Prakash Shukla, Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 08.05.2025 1. By way of this writ petition, the petitioner is seeking compliance of the work as assured to the petitioner in respect of proper drainage system for proper disposal of drainage/sewage water, which is now flowing towards the land of the petitioner bearing Khasra No.769/3, 769/5 and 771/3, total area admeasuring about 84 decimals of land. The concerned Gram Panchayat, Sonsari, Janpad Panchayat Sonsari, Tahsil Akaltara, District Janjgir- Champa, C.G. has assured the petitioner that they will make arrangements so that the petitioner may not be affected due to drainage. However, it has not been done and the assurance given by respondents No.7, 8 and 9 have not been given effect to, as such, instant writ petition has been filed with the following relief(s):- “10.1 That, this Hon'ble Court kindly be pleased to issue appropriate writ and direct the respondent authority to comply with their letters/applications dated 17-11-2022, 31-11- 2022, 08-12-2022. In the larger interest of justice. 3 10.2 That, this Hon'ble Court kindly be pleased to issue appropriate writ and direct the respondent authority construct the water drainage system and stop the flow of unwanted drain/sewer water entering into the land of the petitioner. 10.3 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner together with cost of the petition.” 2. The petitioner in person submits that in an illegal and arbitrary manner, respondents No.7, 8 and 9, who are Secretary, Sarpanch and one Madhuri Rathore, Janpad Member of Janpad Panchayat Sonsari, Tahsil Akalatara, District Janjgir-Champa (C.G.) are creating hurdle and nuisance while allowing drainage through the land of the petitioner. Though some construction were raised in respect of drainage, however, it is inefficient and it has not been constructed properly, as such the drainage water reverts back to the land of the petitioner, due to which the petitioner is facing great hardship, as such the respondent authorities are required to be directed to make proper arrangement in respect of drainage and they may be directed not to use the land of the petitioner for drainage water. Time and again the petitioner has made several complaints, upon which respondents No.7 to 9 have assured the petitioner that they will take necessary arrangement in respect of proper drainage while not affecting the land of the petitioner, however, it is in vain. The respondent State authorities i.e. the 4 Tahsildar Akaltara, District Janjgir-Champa and the Chief Executive Officer, Janpad Panchayat Akaltara, District Janjgir- Champa have directed to take necessary action, however, no action is being taken and the petitioner is being harassed, as such, he has filed the instant petition. 3. Since the grievance as raised by the petitioner is personal one, as such, the concerned authorities may be directed to take appropriate steps while directing respondents No.7 to 9 to make arrangements so that the drainage water may not flow in the land of the petitioner. 4. On the other hand, learned counsel appearing for the respective respondents have submitted that they will redress the grievance of the petitioner while taking action in this matter and they will make necessary arrangements so that the drainage water may not flow in the land of the petitioner. It has been submitted that they may be given sometime so that the necessary arrangement in respect of drainage may be made. 5. Considering the aforesaid facts and circumstances of the case, particularly the fact that the petitioner is running from pillar to post since long back, however, in spite of assurance, the authorities have not resort the difficulties of the petitioner and the drainage water is still flowing in the land of the petitioner, this Court thinks it appropriate to direct the respondent authorities to make necessary arrangement so that the drainage water may not flow in 5 the land of the petitioner. This exercise be done within a period of 90 days from the date of production of certified copy of this order. 6. With the aforesaid observations/directions, instant writ petition stands disposed of. Sd/- - (Amitendra Kishore Prasad) Judge Yogesh