1 2025:CGHC:16560 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3825 of 2024 1 - Ajit Giri S/o Narayan Giri Aged About 46 Years R/o Madel, Tehsil Bhakra, District- Dhamtari, Chhattisgarh, Through Their Power Of Attorny Holder Narayan Giri S/o Late Shri Bharat Giri Goswami, R/o Madeli, Tehsil Bhakra, District- Dhamtari, Chhattisgarh. 2 - Smt. Seema Alias Gitanjali W/o Ajit Giri Aged About 43 Years R/o Madel, Tehsil Bhakra, District- Dhamtari, Chhattisgarh, Through Their Power Of Attorny Holder Narayan Giri S/o Late Shri Bharat Giri Goswami, R/o Madeli, Tehsil Bhakra, District- Dhamtari, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Revenue Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Nawa Raipur, Atal Nagar, District- Raipur, Chhattisgarh. 2 - District Collector District Magistrate, District- Dhamtari, Chhattisgarh. 3 - Sub Divisional Officer (Revenue) District Dhamtari, Chhattisgarh. 4 - Sub Divisional Magistrate Kurud, District Dhamtari, Chhattisgarh. 5 - Naib Tehsildar Bhakara, District- Dhamtari, Chhattisgarh. VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR Date: 2025.04.08 18:24:08 +0530 2 6 - Sarpanch Gram Panchayat Pachpedi Tehsil Bhakrara, District- Dhamtari, Chhattisgarh. 7 - Secretary Gram Panchayat Pachpedi, Tehsil Bhakara, District- Dhamtari, Chhattisgarh. 8 - Public Health Engineering Department District Dhamtari, Chhattisgarh. 9 - Tiharuram S/o Dularwa Sahu R/o Village Pachedi, Tehsil Bakhara, District- Dhamtari, Chhattisgarh. 10 - Paragdas S/o Sagardas Manikpuri R/o Village Pachpedi, Tehsil Bakhara, District- Dhamtari, Chhattisgarh. ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Mr. Shubhank Tiwari, Advocate For State :- Mr. Satish Gupta, G.A. For Respondents No. 6 & 7:- Ms. Pratibha Sahu, Advocate ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 08.04.2025 1. By way of this instant writ petition, the petitioners are challenging the in-action on the part of Respondent Authorities that despite specific/clear direction of Sub Divisional Magistrate, Kurud, District Dhamtari (C.G.) in Criminal Case No. 20224130500046/39 of the Year 2021-22, Order dated 28.02.2023, no action has been taken till date. After commencing all the proceedings, i.e. from proposal 3 of Gram Panchayat, site inspection etc. the said water drainage (नाली निना቞ኋण) has not been made till date and the petitioners are unable to carry out agricultural activity in their own land and suffering huge financial loss. 2. The petitioner has filed the petition seeking following reliefs:- “A. That, the Hon'ble court may kindly be pleased to issue a writ/writs, order/orders, direction/directions to allow the instant petition and pass the order to the Concerned Authorities specially to Respondent No. 2 [District Collector/ District Magistrate, District Dhamtari (C.G.)] to do the needful in favour of Petitioner as all other Respondents i.e. Respondent No. 3 to 7 acts under him. B. That, the Hon'ble court may kindly be pleased to issue a writ/writs, order/orders, direction/directions to allow the instant petition and Give Direction to Respondent No. 2 to coordinate with all other Respondent Authority, who is working under him i.e. Respondent No. 3 to 7, and to act upon the proposal of Gram Panchayat, to act upon the Order dated 28.02.2023 passed by Respondent No. 4. C. That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions to direct the Respondent Authorities to calculate the loss of Petitioners and compensate him along with interest. D. Any other relief which may be deemed fit by this Hon'ble court just and proper in the facts and circumstances of the case may also be provided 4 in favor of the petitioner. The Respondent Authorities may also be directed to pay the Legal Expense in favour of Petitioners.” 3. Learned counsel for the petitioner submits that despite clear direction of Sub Divisional Magistrate, Kurud, District Dhamtari (C.G.) in Criminal Case No. 20224130500046/39 of the Year 2021-22 vide order dated 28.02.2023, no action has been taken by the respondent authorities till date. He submits that the direction may be issued to the concerned respondent authorities especially Respondent No. 2 [District Collector/ District Magistrate, District Dhamtari (C.G.)] to calculate the loss of petitioners and compensate them along with interest. They may be directed to pass order in favour of the petitioners within stipulated time. 4. Learned State counsel as well as learned counsel for the respondents No. 6 & 7 submit that in pursuance of the grievance raised by the petitioners, they are acting upon the same, however, till date it has not been complied in full and they are going to comply the same within some time. It has further been stated by counsel for the respondent No. 1 that the grievance raised by the petitioner can be redressed by construction of sewage and drainage and for that action, the concerned Gram Panchayat has to pass the resolution and accordingly the funds are also required to be obtained and sanctioned. For this, learned counsel for the 5 respondents seek time to construct the drainage system and all other things which are required as prayed by the petitioner. 5. Considering the facts and circumstances of this case and further considering the fact that the drainage is required to be constructed, the concerned respondents are directed to act, as the resolution and submission made by the respective respondents Gram Panchayat is also required to pass resolution in respect of construction of drainage system, and in turn, the State respondent authorities are required to take appropriate steps for construction of drainage system. 6. It is made clear that this Court has not expressed any opinion on the merits of the case. 7. With this observation/direction, the writ petition stands disposed of. sd/- (Amitendra Kishore Prasad) Judge Vishakha