1 2025:CGHC:28882 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3303 of 2025 1 - Yashwant Sinha S/o Kanshiram Aged About 56 Years R/o Village - Anda, Post - Anda, Block - Durg, District - Durg (C.G.) 2 - Bhikhu Ram Nirmalkar S/o Baisakhuram Aged About 54 Years R/o Village - Anda, Post - Anda, Block - Durg, District - Durg (C.G.) 3 - Bhekhmani Nirmalkar S/o Baisakhuram Aged About 66 Years R/o Village - Anda, Post - Anda, Block - Durg, District - Durg (C.G.) 4 - Bharatlal Chandrakar S/o Makhanlal Aged About 83 Years R/o Village - Anda, Post - Anda, Block - Durg, District - Durg (C.G.) 5 - Dineshwar Chandrakar S/o Makhanlal Aged About 81 Years R/o Village - Anda, Post - Anda, Block - Durg, District - Durg (C.G.) 6 - Kishore Kumar Chandrakar S/o Makhanlal Aged About 76 Years R/o Village - Anda, Post - Anda, Block - Durg, District - Durg (C.G.) 7 - Ashok Chandrakar S/o Jagdish Aged About 59 Years R/o Village - Anda, Post - Anda, Block - Durg, District - Durg (C.G.) 8 - Hemendra Chandrakar S/o Ganeshram Aged About 65 Years R/o Village - Anda, Post - Anda, Block - Durg, District - Durg (C.G.) 9 - Kuleshwar Chandrakar S/o Makhanlal Aged About 72 Years R/o Village - Anda, Post - Anda, Block - Durg, District - Durg (C.G.) 10 - Krishna Ram Sinha S/o Amarsingh Aged About 58 Years R/o Village - Anda, Post - Anda, Block - Durg, District - Durg (C.G.) VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.07.01 17:47:54 +0530 2 11 - Baharat Lal Sinha S/o Lekhram Aged About 65 Years R/o Village - Anda, Post - Anda, Block - Durg, District - Durg (C.G.) 12 - Dinesh Kumar Sinha S/o Vishnu Prasad Aged About 57 Years R/o Village - Anda, Post - Anda, Block - Durg, District - Durg (C.G.) 13 - Chandrawati Chandrakar W/o Durwasa Aged About 52 Years R/o Village - Anda, Post - Anda, Block - Durg, District - Durg (C.G.) 14 - Rajendra Chandrakar S/o Roopsingh Aged About 65 Years R/o Village - Anda, Post - Anda, Block - Durg, District - Durg (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - Secretary, Revenue And Disaster Management, Raipur, District - Raipur (C.G.) 2 - Collector Durg, District - Durg (C.G.) 3 - Sub Divisional Officer Durg, District - Durg (C.G.) 4 - Tahsildar Durg, District - Durg (C.G.). ---- Respondents For Petitioners : Mr. Akash Pandey, Advocate For State/Respondents : Ms. Poorva Tiwari, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 30/06/2025 1. This writ petition has been filed by the petitioner on the following relief(s) : 3 “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 and to direct respondent authorities.to restrain from making illegal construction over kh no. 410 at village Anda block Durg dist. Durg and to allot any other land for construction of mahatari sadan in the interest of justice. 10.3 This Hon'ble Court may in alternate direct the respondents to leave enough space for path way so that petitioners can easily reach to their fields along with harvester and other agricultural equipments. 10.4 Any other relief deemed fit in the facts and circumstances of the case may also be granted.” 2. Learned counsel for the petitioner contended that as per the revenue records its clearly shows that the construction has to be done over the proposed area which is kh no. 410 reserved for grass land, and as per the guidelines issued by Hon'ble Apex Court no construction can be permitted over the grass land and hence the illegal construction cannot be permitted to continue over kh. No. 410 at Village Anda. He further contended that panchayat rules no notice 4 has been given to the petitioners or other villagers before proposal for construction was passed and there fore if any resolution is passed by the authorities is non est. The petitioner at various instance informed the authorities about the illegal construction taking place over kh. No. 410 but till date the respondent authorities have not taken any action to stop the illegal construction which is unlawful and smacks malafide.He further contended that due to illegal construction the path way used by petitioners for various years has been obstructed and also no space is left open due to which the harvester and other agricultural equipment cannot enter in the field of petitioner which would cause huge loss to the petitioner and is violation of Article 21 of the Constitution of India. He further contended that before allotting the khasra no 410 for construction of mahtari sadan no resolution has been passed by village panchayat nor any objection has been sought from the aggrieved villagers and therefore the construction is in violation of Panchayati Raj Adhiniyam. He further contended that the petitioner has submitted the representation before respondent No.2/Collector, Durg on 23.04.2025 which is still pending, therefore, it is prayed that respondent No.2 may be directed to consider and decide the same within time framed by this Court. 5 3. Learned State counsel not opposes the limited prayer made by learned counsel for the petitioner. 4. I have heard learned counsel for the parties and perused the material available on record with utmost circumspection. 5. Considering facts of the case, submissions of counsel for the respective parties, this writ petition is disposed of directing to respondent No.2/Collector - Durg to consider and decide the representation/application of the petitioner dated 23.04.2025, as expeditiously as possible as per relevant rules, regulations and law. 6. Accordingly, the instant petition is disposed of. C.C. as per rules. Sd/- (Arvind Kumar Verma) Judge Vasant