1 2025:CGHC:39446 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5500 of 2021 1 - Sukhchand Dhritlahre S/o Kunwar Singh Aged About 45 Years R/o Village Gidhpuri, Tahsil Mastruri, Distt. Bilaspur (C.G.) 2 - Mangal Ram S/o Sukul Satnami Aged About 50 Years R/o Village Gidhpuri, Tahsil Mastruri, Distt. Bilaspur (C.G.) 3 - Panchuram S/o Mangal Ram Aged About 60 Years R/o Village Gidhpuri, Tahsil Mastruri, Distt. Bilaspur (C.G.) ... Petitioners Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nava Raipur, District Raipur (C.G.) 2 - Collector Bilaspur, District Bilaspur (C.G.) 3 - Sub Divisional Officer (Revenue) District Bilaspur (C.G.) 4 - Tehsildar Masturi District Bilaspur (C.G.) 5 - Gram Panchayat, Gidhpuri Through Sarpanch, Gram Panchayat Gidhpuri, Janpad Panchayat, Masturi, District Bilaspur (C.C.) ... Respondents For Petitioners : Mr. Hemant Kesharwani, Advocate For Respondents No. 1 to 4 : Mr. Shubham Bajpai, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 07/08/2025 1. Mr. Hemant Kesharwani, learned counsel appearing for the petitioners would submit that the lease deed was granted in favour of the petitioners by Naib Tahsildar, Bilaspur on 28.02.1982 pertaining to Survey No. 104 admeasuring 2.00 acre. He would contend that respondent No. 5 has started digging upon over said land. He would Digitally signed by RAMESH KUMAR VATTI Date: 2025.08.13 12:10:34 +0530 2 contend that interim order was passed in favour of the petitioners on 04.01.2022. 2. On the other hand, Mr. Shubham Bajpai, learned Panel Lawyer appearing for respondents No. 1 to 4 would submit that the petitioners could not establish that pond is being constructed over the land of the petitioners, therefore, the petition deserves to be dismissed. 3. Heard learned counsel for the parties and perused the documents. 4. It appears that a lease deed was granted in favour of the petitioners pertaining to Survey No. 104 admeasuring 2.00 acre by the Naib Tehsildar, Bilaspur and construction of a pond was started by respondent No. 5 at village Khamhiya, Tehsil Bilaspur, District Bilaspur. The petitioner has not placed any document to demonstrate that there is proposal to construct pond over Survey No. 104 admeasuring 2.00 acre which was allotted to the petitioners, therefore, no case is made out for interference. However, the petitioners would be at liberty to move application before the concerned authority for demarcation and if such an application is filed, the authority concerned is directed to demarcate the land allotted to the petitioners and the land proposed for construction of pond both within period of 30 days from submission of application. For period of 30 days, the interim order dated 04.01.2022 shall continue. 5. With the aforesaid direction(s), the petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge vatti