1 2025:CGHC:50550 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4847 of 2025 1 - Santosh Kumar Solde S/o Late Sona Ram Aged About 37 Years R/o Village Sarseni Post Tikari, Police Chowki- Malhar, Police Station And Tahsil Masturi, District- Bilaspur (C.G.). 2 - Faguram Solde S/o Jethuram Aged About 65 Years Occ- Farmer, R/o Village Sarseni Post Tikari, Police Chowki- Malhar, Police Station And Tahsil Masturi, District- Bilaspur (C.G.). 3 - Rajesh Kumar Solde S/o Amritlal Aged About 40 Years Occ- Farmer, R/o Village Sarseni Post Tikari, Police Chowki- Malhar, Police Station And Tahsil Masturi, District- Bilaspur (C.G.). 4 - Lalit Kumar Solde S/o Meluram Solde Aged About 35 Years Occ- Farmer, R/o Village Sarseni Post Tikari, Police Chowki- Malhar, Police Station And Tahsil Masturi, District- Bilaspur ( C.G. ). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Principal Secretary, Revenue And Disaster Management Department, Mahanadi Bhawan, Mantralaya, Naya Raipur ( C.G. ). 2 - The Collector Bilaspur (C.G.). 3 - Chhattisgarh State Commission For Scheduled Castes And Scheduled Tribes, Old Public Service Commission Office, Near Bhagat Singh Chowk, Shankar Nagar Road Raipur, District Raipur (C.G.) 4 - Sub Divisional Magistrate ( Sdm ), Masturi, District- Bilaspur ( C.G. ). VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.10.10 16:37:22 +0530 2 5 - Tahsildar Masturi District- Bilaspur ( C.G.). 6 - Sunil Patel S/o Laxmi Patel Aged About 36 Years Occ - Farmer, R/o Village Sarseni Post Tikari, Police Chowki- Malhar, Police Station And Tahsil Masturi, District- Bilaspur ( C.G. ). 7 - Surja Bai W/o Paharuram Kenwat Aged About 55 Years Occ- Farmer, R/o Village Sarseni Post Tikari, Police Chowki- Malhar, Police Station And Tahsil Masturi, District- Bilaspur ( C.G. ). 8 - Bahorel Lal S/o Anjorilal Kenwat Aged About 54 Years R/o Village Sarseni Post Tikari, Police Chowki- Malhar, Police Station And Tahsil Masturi, District- Bilaspur ( C.G. ). 9 - Lakshman S/o Bundru Kenwat Aged About 35 Years Occ- Farmer And Labourer, R/o Village Sarseni Post Tikari, Police Chowki- Malhar, Police Station And Tahsil Masturi, District- Bilaspur ( C.G. ) 10 - Tetaki Bai W/o Bhagela Kenwat Aged About 60 Years Occ- Farmer, R/o Village Sarseni Post Tikari, Police Chowki- Malhar, Police Station And Tahsil Masturi, District- Bilaspur ( C.G. ). ---- Respondents For Petitioners : Ms. Deepali Gupta, Advocate For State : Mr. Soumitra Kesharwani, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 10/10/2025 1. With the consent of learned counsel for the parties, the matter is heard finally. 2. By way of this petition, petitioner sought following relief(s) : “10.1 That the Hon’ble Court may kindly be pleased to issue a writ of mandamus directing the respondent no.1 to 5 (State Authorities) to immediately remove the encroachment made by the respondents No.6 to 3 10 from the cremation ground and public pond situation at Village Sarseni, Tahsil Masturi, District Bilaspur recorded in Khasra No.0449/1. 10.2 Direct the respondents to restore the cremation ground, pond and approach pathway to its original condition for the use of villagers, particularly the Satnami community. 10.3 Any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 3. Learned counsel for the petitioners contended that the petitioners are members of the Scheduled Caste (Satnami) community and permanent residents of Village Sarseni, Tehsil Masturi, District Bilaspur. In the said village, a cremation ground has existed for several decades on Government land bearing Khasra No. 0449/1, out of which approximately 3 acres were earmarked during 2003-2004 for the exclusive use of the Satnami community as a cremation ground. Adjacent to the cremation ground lies a public pond and access pathway, all of which have been continuously used by villagers for performing last rites. However, for the past 4-5 years, private respondents No.6 to 10 have illegally encroached upon the cremation ground and pond, converted the land into agricultural use and poultry farming, and even blocked the access pathway. As a result, the petitioners and other villagers are facing grave difficulty in performing funeral and cremation rituals, violating their rights under Articles 14, 21 and 25 of the Constitution. Despite repeated complaints made to the 4 police, revenue authorities, SDM, and the Collector, Bilaspur, no effective action has been taken. Hence this petition. 4. Learned counsel for the State contended that as per Annexure P-1 - Khasra Panchshala, it is specifically mentioned in Column No.11 that the land subject land is reserved for ‘Charai’ not for cremation. He further contended that the petitioners have not submitted any document which shows that 03 acres land were earmarked during 2003-2004 for the exclusive use of the Satnami community as a cremation ground. 5. On the basis of submission made by learned State counsel, learned counsel for the petitioners contended that the petitioners have already been filed an affidavit in this regard. 6. Heard learned counsel for the respective parties and perused the record with utmost circumspection. 7. On perusal fo the records, it reveals that there is no document filed by petitioners which shows that the land bearing Khasra No.449/1 out of which approximately 03 acres land were earmarked during 2003-2004 for the purpose of the Satnami community as a cremation ground. However, on perusal of the documents, it shows that the subject land is a Government land and the petitioners’ allegation is that the same land has been encroached by the private respondents, i.e. respondents No.6 to 10. 5 8. Looking to the entire facts and circumstances of the case, there is no ground to entertain this petition and the relief which has been sought by the petitioners cannot be granted. 9. Accordingly, the petition being devoid of any merit is liable to be and is hereby dismissed. 10. However, petitioners are at liberty to file application under Section 248 of the Chhattisgarh Land Revenue Code, 1959 before the concerned Tahsildar, if so desire. Sd/- (Arvind Kumar Verma) Judge Vasant