1 2025:CGHC:42336 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4485 of 2025 1 - Damodar Pradhan S/o Haldhar Pradhan, Aged About 81 Years R/o Village Charbhatha, Tahsil Pithora, District Mahasamund (C.G.) 2 - Smt. Laxmi Pradhan, W/o Damodar Pradhan, Aged About 76 Years R/o Village Charbhatha, Tahsil Pithora, District Mahasamund (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhawan, Atal Nagar, New Mantralaya Naya Raipur (C.G.) 2 - Collector Mahasamund, District Mahasamund (C.G.) 3 - Sub Divisional Officer (Rev) Pithora District Mahasamund (C.G.) 4 - Tahsildar, Tahsil Pithora, District Mahasamund (C.G.) 5 - Chief Executive Officer, Janpad Panchayat Pithora, District Mahasamund (C.G.) 6 - Smt. Sabyakanti Barik W/o Madhusudan Barik, Sarpanch Of Gram Panchayat Charbhatha, Tahsil Pithora, District Mahasamund (C.G.) 7 - Tularam Patel, S/o Kedarnath Secretary Of Gram Panchayat Charbhatha, Tahsil Pithora, District Mahasamund (C.G.) 8 - Navjyoti W/o Vijay Pradhan, Panch Ward No. 4 Of Gram Panchayat Charbhatha, Tahsil Pithora, District Mahasamund (C.G.) 9 - Nurmani, W/o Shivdas Chouhan, Panch Ward No. 7 Of Gram Panchayat Charbhatha, Tahsil Pithora, District Mahasamund (C.G.) 10 - Sushila W/o Chhabilal Dongre, Panch Ward No. 10 Of Gram Panchayat Charbhatha, Tahsil Pithora, District Mahasamund (C.G.) 11 - Ataryami Pradhan, S/o Ranjeet Pradhan, Panch Ward No. 2 Of Gram Panchayat Charbhatha, Tahsil Pithora, District Mahasamund (C.G.) 12 - Hemkumari, W/o Pradeep Bhoi, Panch Ward No. 5 Of Gram Panchayat Digitally signed by JYOTI JHA Date: 2025.08.28 11:36:20 +0530 2 Charbhatha, Tahsil Pithora, District Mahasamund (C.G.) 13 - Malti Sahu W/o Ramprasad Sahu, Panch Ward No. 3 Of Gram Panchayat Charbhatha, Tahsil Pithora, District Mahasamund (C.G.) 14 - Binti Yadav, W/o Babulal Yadav, Panch Ward No. 6 Of Gram Panchayat Charbhatha, Tahsil Pithora, District Mahasamund (C.G.) 15 - Uttar Pradhan S/o Bahadul Pradhan, Panch Ward No. 1 Of Gram Panchayat Charbhatha, Tahsil Pithora, District Mahasamund (C.G.) 16 - Gayatri Khadia, W/o Amrit Khadia, Up- Sarpanch Of Gram Panchayat Charbhatha, Tahsil Pithora, District Mahasamund (C.G.) ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Sudhir Kumar Sahu, Advocate For Respondent-State : Mr. Soumitra Kesharwani, P.L. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 21/08/2025 1. With the consent of the parties, the matter is heard finally. 2. By way of this petition, the petitioners are not challenging any particular order, but seeking direction to the respondent authorities, to make compensation on account of demolition of the land of the petitioner which was demolished by the respondents No. 6 to 16 and also to re-construct the demolished house of the petitioner at the earliest. 3. Learned counsel for the petitioner submits that the petitioner is seeking the intervention of this Court against the illegal, arbitrary, and mala fide action of Respondent No. 6 (Sarpanch) along with certain Panch members, in demolishing a portion of the Petitioners' under-construction house sanctioned under the Pradhan Mantri Awaas Yojana Gramin (PMAY-G), without any lawful authority, notice, or due process. 4. Learned counsel for the petitioner further submits that the Petitioner No. 2, Mrs. Laxmi Pradhan, was sanctioned a PMAY-G house for the financial year 2024-2025 under Administrative Sanction No. CH118181577 dated 24.03.2025, for an amount of 3 Rs. 1,20,000/-, jointly allotted in the names of both Petitioners. The first installment of Rs. 40,000/- was duly credited to the Petitioners' verified bank account with State Bank of India, Pithora Branch via Aadhaar-based DBT on 11.04.2025. The sanctioned house was being constructed on the Petitioners own Bhoomiswami land bearing Khasra No. 622/1 in Village Charbhatha, as per B-1 and P- 2 revenue records. On 01.07.2025, Respondent No. 6 and certain Panch members, acting with malice and without jurisdiction, used a JCB machine to partially demolish the Petitioners' under- construction PMAY-G house. No prior notice, Gram Sabha resolution, ог order from competent Court or revenue authority was issued before taking such coercive action. Several other PMAY-G beneficiaries in the same village were allowed to complete their construction without obstruction, whereas the Petitioners alone were singled out, reflecting discriminatory treatment. 5. Learned counsel for the petitioner further submits that the Petitioners immediately submitted written complaints to Respondents authorities dated 03.07.2025 and 07.07.2025 (Annexure P/5). However, no preventive or remedial action has been taken to date. The illegal demolition and withholding of subsequent PMAY-G installments have caused serious financial loss, mental agony, and deprivation of the Petitioners' constitutional right to property under Article 300A. Therefore, he prays for a suitable direction in the pending representation filed by the petitioner (Annexure P/5) 6. Learned counsel for respondents submits that in view of the limited prayer made by the learned counsel for petitioner seeking direction to respondents to consider the pending application towards payment of compensation, he is having no objection to the limited prayer and if the petitioner files a fresh representation, it will be considered in accordance with law. 7. I have heard learned counsel for the parties and perused the material available on record. 8. Considering the facts and circumstances of the case instead of keeping this petition pending, I find it appropriate to dispose of the 4 same at this stage directing the concerned authorities to decide the application dated 07.07.2025 (Annexure P/5) of the petitioner after due verification of the facts in accordance with law within a period of 45 days from the date of receipt of copy of this order. 9. It is made clear that this Court has not expressed anything on the merits of the case. 10. With the aforesaid direction, the writ petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti