1 2025:CGHC:23336-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPPIL No. 56 of 2025 Anil Yadav S/o Manharan Yadav Aged About 40 Years R/o Village Sagar, Tahsil Takhatpur, District Bilaspur (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Ministry Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Secretary Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 3 - Collector Bilaspur, District Bilaspur (C.G.) 4 - Sub Divisional Officer (Revenue) Takhatpur, District Bilaspur (C.G.) 5 - Tahsildar Takhatpur, District Bilaspur (C.G.) 6 - Mahendra Tiwari S/o Jwala Prasad Tiwari R/o Village Sagar, Tahsil Takhatpur, District Bilaspur (C.G.) 7 - Mithlesh Dubey S/o Santosh Dubey R/o Village Sagar, Tahsil Takhatpur, District Bilaspur (C.G.) 8 - Deenbandhu S/o Ramadheen R/o Village Sagar, Tahsil Takhatpur, District Bilaspur (C.G.) 9 - Ayodhya Prasad S/o Ramadheen R/o Village Sagar, Tahsil Takhatpur, District Bilaspur (C.G.) 10 - Radheshyam S/o Ramadheen R/o Village Sagar, Tahsil Takhatpur, District Bilaspur (C.G.) ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 11 - Rajkumar S/o Ramadheen R/o Village Sagar, Tahsil Takhatpur, District Bilaspur (C.G.) ... Respondents For Petitioner : Mr. Praveen Dhurandhar, Advocate For Respondents/State : Mr. Sangharsh Pandey, Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 12 . 06 .202 5 1. Heard Mr. Praveen Dhurandhar, learned counsel for the petitioner as well as Mr. Sangharsh Pandey, learned Government Advocate, appearing for the State/respondent Nos. 1 to 5. 2. The present writ petition has been filed by the petitioner styled as public interest litigation with the following prayers: “10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to remove the possession of the private respondents and other persons over the land bearing Khasra No.288 admeasuring 5.50 acres situated at Village Sagar, Tahsil Takhatpur, District Bilaspur (C.G.), which is recorded as pond in the revenue record and also direct the respondent authorities to revive the nature of above land to pond. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to implement the order of the respondent No.4 dated 20-06-2024 (Annexure P- 4) and to revive the nature of land to pond. 3 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities representation (Annexure P-7). to act upon the of petitioner dated 08-01-2025.” 3. Learned counsel for the petitioner submitted that though the subject land i.e. Khasra No. 288 admeasuring 5.50 acres was recorded as pond in Nistar Patrak records of Wajib-ul-arz of Village Sagar, Tahsil Takhatpur, District – Bilaspur (C.G.) as well as in the revenue record, but the same has been illegally transferred and now is recorded in the name of private respondents and they leveled-up the entire pond and presently they have occupied the land of pond and using the same for agriculture and also constructed houses and they completely changed the nature of the subject land from pond to agriculture land. He further submitted that the petitioner along with other villagers made representation to the respondent No.3 on 04.03.2024 regarding the misuse of the land of pond by the private respondents and stated that the pond has been illegally occupied and has affected the irrigation in the village and other purposes. On the complaint of the villagers, a revenue case was registered against the private respondents bearing Revenue Case No.2022070708000099/B-121/2021-22 before the respondent No.4, in which the respondent No.4 (SDO) passed the order dated 20.06.2024 and in the enquiry, it was fond by the respondent No.4 that the Khasra No.288 is recorded as pond in records of Wajib-ul- arz and has been subdivided in 06 khasras, in the order, the 4 private respondents were fined and they were directed to revive the nature of the land to pond. He also submitted that the order of the SDO dated 20.06.2024 was even assailed by the private respondents before the Additional Collector Bilaspur, who also vide its order dated 27.11.2024 affirmed the order of the SDO dated 20.06.2024. The petitioner approached the authorities to take action to remove the encroachment and occupation over the subject land which is pond and also sought for reviving the land to pond as directed by the SDO in its order dated 20.06.2024 and affirmed by Additional Collector, Bilaspur vide order dated 27.11.2024, but till date the pond has been illegally occupied by the private respondents and other persons and the villagers are deprived to use the pond as the same has been destroyed by the private respondents and they have not revive the land to pond i.e. its original form, hence this petition. 4. 4. From perusal of the materials available on record, it transpires that despite there is already an order by the competent authority i.e. SDO with respect to pond in question, which was passed on 20.06.2024 against the private respondents and the same has been affirmed by the Additional Collector vide order dated 27.11.2024, but the private respondents have not revived the land in question to pond. 5. Considering the fact that the order which has been passed by the competent authority i.e. SDO may be against the private respondents, which has been affirmed by the Additional Collector, 5 it would not be appropriate for this Court to make judicial review in the present PIL. 6. Accordingly, the instant petition is dismissed with liberty to the petitioner to take recourse to law before the appropriate forum. 7. Security amount deposited by the petitioner stands forfeited. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Chandra