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2025 DAILYLAW 42810 (CHH)

SANJAY KUMAR RATHORE v. SHRI AVINASH CHAMPAVAT

CONT/1490/2025 · 2025-09-25

Shri Narendra Kumar Vyas

Writ Petition (Civil)body2025

Judgment text

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1 2025:CGHC:49408 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 1490 of 2025 Sanjay Kumar Rathore S/o Late Shri Jadbharat Rathore Aged About 40 Years Village Sonsari District Janjgir-Champa (C.G.) ... Petitioner versus 1 - Shri Avinash Champavat Secretary, State Of Chhattisgarh, Revenue Department, Mahanadi Bhawan, Mantralaya, Atal Nagar Nawa Raipur, District Raipur (C.G.) 2 - Shri Janmejay Mahobe Collector, District- Janjgir-Champa (C.G.) 3 - Shri Himanshu Gupta Chief Executive Officer Janpad Panchayat Akaltara, District Janjgir-Champa (C.G.) 4 - Shri Vikrant Anchal Sub-Divisional Officer, Akaltara, District Janjgir- Champa (C.G.) 5 - Shri Prashant Gupta Naib Tehsildar Tehsil Akaltara, District Janjgir- Champa (C.G.) 6 - Shri Sanat Kumar Sahu Secretary, Gram Panchayat Sonsari, Tehsil Akaltara, District Janjgir-Champa (C.G.) 7 - Shri Umesh Kumar Sahu Sarpanch, Village Sonsari, Janpad Panchayat Sonsari, Tehsil Akaltara, District Janjgir-Champa (C.G.) 8 - Madhuri Rathore Janpad Member (Ex- Janpad Member), Janpad Panchayat Sonsari, Tehsil Akaltara, District Janjgir-Champa (C.G.) ... Respondents For Petitioner : Mr. Sanjay Kumar Rathore, Petitioner in person For State : Mr. Vinay Pandey, Dy. Advocate General BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2025.09.26 15:08:13 +0530 2 Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 26.09.2025 1. The applicant has filed the present contempt petition for non- compliance of this Court’s order dated 08.05.2025 passed in W.P.(C) No. 3165/2024. 2. In pursuance of direction issued by this Court, respondent No. 3- Mr. Himanshu Gupta, Chief Executive Officer, Janpad Panchayat, Akaltara, District Janjgir Champa (C.G.) is present in person before this Court and would submit that an inspection report dated 19.09.2025 has been prepared by Sub Engineer, Janpad Panchayat, Akaltara wherein it has been stated that the petitioner himself was present at the time of inspection. As per inspection report, it is found that by installing 600 mm diameter hume pipe under the petitioner’s field water can be released into canal and this will not affect farming and there will be no loss to the agriculture operation of the petitioner. 3. The petitioner would submit that he has filed petition bearing WPC No. 3165 of 2024 before this Court and this Court vide order dated 08.05.2025 in paragraph 5 has passed following order:- “5. Considering the aforesaid facts and circumstances of the case, particularly the fact that the petitioner is running from pillar to post since long back, however, in spite of assurance, the authorities have not resort the difficulties of the petitioner and the drainage water is still flowing in the land of the petitioner, this Court thinks it appropriate to direct the respondent authorities to make necessary arrangement so that the drainage water may not flow in the land of the petitioner. This exercise be done within a period of 90 days from the date of production of certified copy of this order.” 3 4. From perusal of the inspection report, it is quite vivid that the respondents have come with a proposal to safeguard the agricultural land of the petitioner and also to control the flow of water which according to the petitioner itself is related to the land of the petitioner. Even if it is for a single person then it is State’s responsibility to ensure that drainage system should be so technically sound and the same may not cause any loss to the public at large. 5. Considering the proposal made by the respondents, this Court is of the opinion that it is not required to continue with the instant proceedings. Since the order passed by this Court has been complied with, accordingly the instant petition is liable to be disposed of. 6. In view of above, this Contempt Petition is disposed of. 7. A copy of inspection report dated 19.09.2025 and map is taken on record. Sd/- (Narendra Kumar Vyas) Judge Bhumika