1 2025:CGHC:59058 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6345 of 2025 Harishankar Lahare S/o Sambhudayal Lahare Aged About 53 Years Posted As Sarpanch, Gram Panchayat Samesar, Janpad Panchayat, Nawagarh, District- Bemetara, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Revenue And Disaster Management Department, Mahanadi Bhawan, Atal Nagar, Raipur (C.G.) 2 - Commissioner (Revenue) Durg Division, District- Durg, Chhattisgarh 3 - Collector District Bemetara, Chhattisgarh 4 - Sub-Divisional Officer (Revenue) Nawagarh, District Bemetara, Chhattisgarh 5 - Vikas Soni S/o Shri Baijnath Soni Aged About 35 Years R/o P.O. Nawagarh, Behind Sewa Sahakari Bank, Ward No. 10, Tahsil Nawagarh, District Bemetara Chhattisgarh 6 - Ram Kumar Sahu S/o Shri Ganesh Sahu Aged About 44 Years R/o Village And P.O. Nandal, Tahsil Nawagarh, District- Bemetara, Chhattisgarh 7 - Vaibhav Tamboli S/o Shri Santosh Tamboli Aged About 34 Years R/o Ward No. 14, Near Ratan Talkies, Bemetara, Tahsil And District Bemetara, Chhattisgarh ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.12.06 11:57:02 +0530 2 8 - Dhanesh Kumar Ghritlahare S/o Dheeraji Lal Aged About 39 Years R/o P.O. Nawagarh, Shankar Nagar, Ward No. 14, Tahsil Nawagarh, District Bemetara, Chhattisgarh 9 - Rijwana Qureshi W/o Jamar Qureshi Aged About 27 Years R/o House No. 735, Ward No. 07, Nawagarh, P.O. Nawagarh, Tahsil, Nawagarh, District Bemetara, Chhattisgarh 10 - Abhishek Pathak S/o Shri Parmeshwar Pathak Aged About 39 Years R/o P.O. Nawagarh, Civil Line, Ward No. 11 Tahsil And Block Nawagarh, District Bemetara, Chhattisgarh ... Respondents For Petitioner : Ms. Aditi Joshi, Advocate For State-Respondents no. 1 to 4 : Mrs. Upasana Mehta, Deputy Government Advocate Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 05.12.2025 1. This writ petition has been preferred by the petitioner under Article 226 of the Constitution of India, seeking following reliefs:- “1. Issue an appropriate writ, order or direction in the nature of Mandamus directing the Respondent authority to strictly implement the final orders dated 23.01.2018 passed by the Sub Divisional Officer (Revenue), Nawagarh, 08.07.2019 passed by the Collector, Bemetara, and 14.12.2023 passed by the Commissioner, Durg Division, by restoring the land bearing Khasra No. 109 village Chhitapar, to its original status as public cremation ground (shamshan/marghat). 2. Direct the respondents to initiate proceedings for cancellation of all illegal sale deeds executed in respect of the said land by Devdas and other private respondents, as the same are void, illegal and contrary to law. 3 3. Direct the respondent authorities to take stringent criminal and departmental action against Devadas and all other persons found involved in the illegal sale, manipulation of revenue records, and encroachment of public cremation land, including the concerned revenue officials who facilitated such acts. 4. Direct the respondents to ensure immediate removal of all illegal constructions, encroachments or obstructions related over the said cremation land and safeguard the same from future interference. 5. Pass such any other order(s) or direction(s) as this Hon’ble Court may deem fit and proper in the interest of justice, equity and good conscience. 6. Award costs of the petition in favour of the petitioner.” 2. Learned counsel for petitioner submits that villagers of Chhitapar, Tahsil Nawagarh, district Bemetara have submitted an application before Sub Divisional Officer (Revenue)/Respondent no. 4 for entering land bearing Khasra No. 109 measuring 0.12 hectares in revenue records as cremation ground stating therein that non applicants therein have illegally possessed the land. Sub-Divisional Officer (Revenue) has allowed the application and further directed Tahsildar to get encroachment from the Government land to be removed and also directed Patwari to correct revenue records accordingly. She further submits that Sub Divisional Officer was put to challenge before Collector/Respondent no. 3 which came to be dismissed and, thereafter, before Commissioner/Respondent no. 2 which was also dismissed. 3. Petitioner submitted representation before Collector for complying with the order passed and getting the Government land vacated from encroachment, however, till date no action has been taken, therefore, direction be issued to Collector to get the land vacated pursuant to the order passed by Sub Divisional Officer (Revenue), Collector and Commissioner. 4 4. Learned counsel for the State submits that from the pleadings made in this writ petition as also the documents enclosed along with this writ petition, it is appearing that there is an order of competent authority in favor of villagers. Petitioner has already submitted an application/representation which will be considered in accordance with law. 5. I have heard learned counsel for the respective parties and perused the documents enclosed along with this writ petition. 6. On due consideration of submission made by learned counsel for the respective parties as also considering the order passed by Sub Divisional Officer (Revenue)/Respondent no. 4, Collector/Respondent no. 3 and Commissioner/respondetn no. 2 and in view of decision taken by Hon’ble Supreme Court in the matter of Jagpal Singh And Others Vs. State of Punjab and Others (2011) 11 SCC 396, this writ petition is disposed of at this stage directing respondent no. 3 to consider and take decision on pending representation submitted by petitioner, in accordance with law, expeditiously, preferably within a further period of six months from the date of receipt of copy of this Order, if there is no other impediment. 7. With the aforesaid observation and direction, writ petition stands disposed of. Certified copy as per rules. sd/- (Parth Prateem Sahu) alfiza JUDGE