1 / 7 2025:CGHC:49486 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 5128 of 2025 1 - Kalyan Singh S/o Ishwar Lodhi Aged About 42 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 2 - Bharat S/o Lukaru Aged About 48 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 3 - Vishnu S/o Khelan Dhobi Aged About 25 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 4 - Seeta Ram S/o Mansha Ram Aged About 43 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 5 - Satish S/o Mansa Ram Dhobi Aged About 32 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 6 - Aghanu S/o Bhagela Aged About 45 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 7 - Asha W/o Nakul Yadav Aged About 36 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 8 - Narsingh S/o Sitaram Aged About 33 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 9 - Prakash S/o Sadhu Ram Aged About 36 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 10 - Ganesh S/o Bije Ram Lohar Aged About 45 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 2 / 7 11 - Vijay S/o Shankar Lodhi Aged About 47 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 12 - Neelkath S/o Mannu Aged About 39 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 13 - Narayan S/o Mannu Aged About 42 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 14 - Girdhar S/o Mannu Aged About 40 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 15 - Sukhdev S/o Bhagalu Yadav Aged About 35 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 16 - Sakar S/o Pardhi Aged About 40 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 17 - Shankar S/o Gabdu Aged About 70 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 18 - Dhan Singh S/o Firanta Aged About 55 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 19 - Fanit S/o Peela Ram Aged About 32 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 20 - Mannu S/o Hagaru Aged About 65 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 21 - Jitendra S/o Late Onkar Aged About 32 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 22 - Tijan Bai W/o Onkar Aged About 48 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 23 - Santosh S/o Mansha Ram Aged About 42 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 24 - Mansha S/o Bhagwat Aged About 65 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 25 - Feru S/o Dhanesh Yadav Aged About 39 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 3 / 7 26 - Leela Bai W/o Aghanu Pardhi Aged About 42 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 27 - Khelan S/o Lutu Aged About 55 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 28 - Mohni W/o Khelan Ram Aged About 52 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 29 - Dhanesh S/o Paltu Aged About 63 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 30 - Dilip S/o Dhanesh Aged About 35 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 31 - Bharat S/o Jagdish Aged About 45 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 32 - Kunti W/o Bharat Aged About 42 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 33 - Deenbandhu S/o Sadhu Ram Aged About 40 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 34 - Peela Ram S/o Rameshar Aged About 55 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 35 - Peelu Ram S/o Lukaru Aged About 42 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 36 - Savitri Bai W/o Bharat Lodhi Aged About 42 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 37 - Laxmi W/o Peelu Ram Aged About 40 Years R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 4 / 7 2 - Board Of Revenue Chhattisgarh Bilaspur, Circuit Court, Raipur, District Raipur (C.G.) 3 - Collector Bemetara, District Bemetara (C.G.) 4 - Sub Divisional Officer Saja, District Bemetara (C.G.) 5 - Tahsildar Than- Khamhariya, District Bemetara (C.G.) 6 - Maan Singh S/o Pakil Singh Verma, R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 7 - Koushal S/o Paltan Lodhi, R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 8 - Dhruv S/o Jhadu Lodhi, R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 9 - Anupa Bai W/o Madan Lodhi, R/o Village Daganiya, Tahsil Than- Khamhariya, District Bemetara (C.G.) 10 - Village Panchayat Daganiya Tahsil Than- Khamhariya, District Bemetara (C.G.) Through Its Sarpanch ---- Respondents For Petitioners : Mr. Raghvendra Pradhan, Advocate For State : Ms. Akanksha Verma, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 26/09/2025 1. Heard on maintainability of this petition. 2. The petitioner has been filed this writ petition on the following relief(s) : 5 / 7 “10.1 That the Hon'ble Court may kindly be pleased to quash/set aside the impugned order dated 03.03.2008 (Annexure P-1). 10.2 That the Hon'ble Court may kindly be pleased to issue appropriate writ, order, directing the respondent authorities not to disturb the peaceful possession of the petitioners. 10.3 Any appropriate writ, direction or order also kindly be passed in favour of the petitioners, which this Hon’ble Court deems fit and proper in the facts and circumstances of the case” 3. Learned counsel for the petitioners contended that the petitioners are challenging the order dated 03-03-2008 (Annexure P-1) passed by the respondent No.2, whereby the respondent No.2 without proper appreciating of the facts and circumstances of the case and without impleading proper party in the case passed the impugned order and set- aside the reasoned order dated 11-10-2002 passed by the respondent No.3/Collector, as the Gram Panchayat Daganiya was not made party in the appeal filed by the respondent No.6 to 8 and Anupa Bai (respondent No.9) who was impleaded as private respondent in the said appeal as a Sarpanch Village Panchayat Daganiya, whereas at the time when the notice was sent to her, she was not the Sarpanch of Village Panchayat Daganiya and some other persons was Sarpanch and cause of which, no any reply could be file on behalf of Village Panchayat, whereas all the proceeding related to converting grass land to the Residential was initiated in the application made by the Village 6 / 7 Panchayat. It is also important to note at the time when the appeal was filed, the land in question was allotted to the petitioners by the Village Panchayat and cause of which, they were also necessary party in the case, but the respondent No.6 to 8 have not made them party in the case, whereas the rights of petitioners were created after the allotment of the land made to them. It is further important to mention here that the respondent No.3 had passed the reasoned and proper order dated 11-10-2002 by declaring the part of land bearing Khasra No.580/1 situated at Village Daganiya, Tahsil Than-khamhariya, District Bemetara (C.G.) as residential land (Abadi Land) and passed the said order by following due procedure of law as there was sufficient grass land available in the said village, cause of which there is no any infirmity in declaring the land as Abadi Land and the said order have also been passed after receiving the report from the concerned Patwari which have also been mentioned in the order sheet dated 04-10-2002 passed by the respondent No.3/Collector and the respondent No.3 have declared the land as Abadi land, because there are so many landless persons residing in the village, who did not have any house of their own. 4. Learned State counsel has raised preliminary objection that petitioners are challenging the order of the Revenue Board dated 03.03.2008 7 / 7 (Annexure P-1) after lapse of 17 years, therefore, this petition is not maintainable. 5. Heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the fact that the relief which has been sought by the petitioner cannot be granted in exercise of writ jurisdiction. Further considering the fact that respondent No.2 - Board of Revenue, Chhattisgarh has passed the impugned order on 03.03.2008 (Annexure P-1) and the petitioners are challenging the said order after lapse of about 17 years and the petitioners are not given any explanation for filing this petition after lapse of 17 years, therefore, there is no ground to entertain this petition, in view of the considered opinion of this Court, no case is made out for any interference. 7. Accordingly, the petition is hereby dismissed. Sd/- (Arvind Kumar Verma) Judge Vasant