1 2025:CGHC:41357 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4372 of 2025 Mayank Sharma S/o Shri Nirmal Kumar Sharma Aged About 45 Years R/o Ramadhin Marg, Ward No.-24, Subhash Ward, Rajnandgaon, District - Rajnandgaon (C.G.) … Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nava Raipur, District - Raipur (C.G.) 2 - State Of Chhattisgarh Through Secretary, Department Of Revenue, Mahanadi Bhawan, Mantralaya, Naya Raipur (C.G.) 3 - Collector Rajnandgaon, Office Of The Collectorate, District - Rajnandgaon (C.G.) 4 - Nazul Officer Nazul Branch, Office Of The Collectorate, Rajnandgaon, District - Rajnandgaon (C.G.) 5 - Tehsildar Rajnandgaon, District - Rajnandgaon (C.G.) 6 - Commissioner Municipal Corporation Rajnandgaon, District - Rajnandgaon (C.G.) 7 - Chief Municipal Officer Municipal Corporation Rajnandgaon, District - Rajnandgaon (C.G.) 8 - Gayatri Mandir Trust Through Its Authorized Representative, Kampte Line, Rajnandgaon, District – Rajnandgaon, Chhattisgarh --- Respondent(s) ---------------------------------------------------------------------------------------- For Petitioner : Mr. Pankaj Singh, Advocate 2 For Respondent-State : Ms. Nupur Trivedi, PL For Respondents No. 6 & 7 : Mr. Aniruddh Shrivastava, Advocate appears on behalf of Mr. Shaleen Singh Baghel, Advocate --------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 18.08.2025 1. The instant petition has been filed by the petitioner on the following relief (s) : “a. The Petitioner most respectfully prays that this Hon'ble Court may graciously be pleased to issue an appropriate writ, order or direction, including a writ in the nature of Mandamus, directing Respondents to forthwith act upon Petitioner's representation & remove the illegal obstruction/permanent brick wall erected by Respondent No. 8 as well other structure/construction in front of the rear entrance of the Petitioner's premises, which opens into the public lane situated on Nazul land; b. The Petitioner most respectfully prays that this Hon'ble Court may graciously be pleased to hold and declare that the said obstruction/erection of brick wall as well as other structure/construction in front of the rear entrance of the Petitioner's premises constitutes an unlawful interference, which opens into the public lane situated on Nazul land, Infringes the Petitioner's fundamental and easementary rights; c. The Petitioner most respectfully prays that this Hon'ble Court may graciously be pleased to direct the Respondent authorities to ensure free and unobstructed access to the Petitioner's rear entrance through the said public lane and to take all necessary preventive measures SO as to preclude any such encroachment/obstruction/interference in future; d. The Respondent No. 8 may be directed to suitably compensate the Petitioner for the loss and agony 3 suffered owing the misconduct of the former; e. Pass such other and further orders as this Hon'ble Court may deem just and proper in the facts and circumstances of the case, including the cost of the proceedings, in favour of the Petitioner.” 2. Learned counsel for the petitioner contented that the Petitioner herein (who being the lawful owner of the subject premise), by way of this instant petition, is invoking the benign jurisdiction of this Hon'ble Court against the unlawful act committed by Respondent No. 8 (Gyatri Mandir Trust), who has constructed a permanent brick wall in front of the Petitioner's rear entrance (entirely sealing off), which opens into a public pathway situated on Nazul land. Further, the members of the Trust appear to be undertaking construction of a school and laying tiles within the public lane, which not only obstructs public passage but also alters the character of the land from public to private use, in complete contravention of the law. The Petitioner, before approaching this Court, had effectively made representations to the concerned offices and apprised them of the factum of total obstruction as to the Petitioner's access through the rear entrance leading to the public lane, but to no avail. The Respondent authorities have not yet acted upon it, and thereby, the Petitioner is before the benign writ jurisdiction of this Hon'ble High Court. 3. Learned counsel for respondents submit that the concerned authorities are ready to decide the representation made by the petitioner dated 26.06.2025 (Annexure P/3), in accordance with law. 4 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the facts and circumstances of the case and submission made by learned counsel for the parties, at this stage this petition is disposed of by directing to respondents No.4, 6 & 7 to decide the representations made by the petitioner dated 26.06.2025, 21.07.2025 & 05.08.2025 (Annexure P-3 Colly.). The representations shall decide by respondents No.4, 6 & 7 after giving sufficient opportunity of hearing to respondent No. 8 and decide the same as early as possible, in accordance with rules, regulations and law. 6. It is made clear that this Court has not observed anything on the merits of the case. 7. With the aforesaid direction, the writ petition is disposed of. Sd/- (Arvind Kumar Verma) JUDGE Vasant