1 2025:CGHC:16972 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1030 of 2022 1 - Surendra Jaiswal S/o Late Subbulal Jaiswal Aged About 60 Years R/o - Ward No. - 07, Village Gandai Tehsil- Gandai, District- Rajnandgaon, C.G. ... Petitioner(s) versus 1 - State Of C.G. Through It's Secretary/under Secretary, Department Of Urban Administration And Development, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Raipur, District- Raipur (C.G.) 2 - Collector, Rajnandgaon District- Rajnandgaon, C.G. 3 - Sub Divisional Officer (Revenue), Gandai, District- Rajnandgaon, C.G. 4 - Tehsildar, Gandai, District- Rajnandgaon, C.G. 5 - Chief Municipal Officer, Nagar Panchayat, Gandai, District- Rajnandgaon, C.G. ... Respondent(s) For Petitioner : Shri Pawan Shrivastava, Advocate For State : Shri Satish Gupta, Government Advocate For Respondent No.5 : Shri Sameer Uraon, Advocate Digitally signed by GOPAL SINGH Date: 2025.05.24 16:23:31 +0530 2 Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 11/04/2025 1. Learned counsel appearing for the petitioner submits that in front of the house of the petitioner, under Pauni Pasari Yojna, open shops are being constructed for the villagers so that they may be provided place for weekly market. 2. Learned counsel appearing for respondent No.5 submits that earlier also the said area was used for Sunday market and for the betterment of rural people the shops are being constructed so that the villagers may run their small businesses. The vegetable vendors, potters and the self help groups are running their weekly market. There is a stay in the matter in Khasra No.94 under Pauni Pasari Yojna under the Government. 3. It is further submitted that the petitioner is having no objection in construction of the shops, but, he is having objection regarding the shop which is being constructed in front of his house due to which his easementary right is disturbed. 4. Upon this, learned counsel for respondent No.5 submits that road is not being effected and they will construct the platforms leaving the road and sufficient width of road will be left for easementary right of all the villagers including the 3 persons who are going in the weekly market. There is road available for the petitioner as well as the other villagers. 5. Considering the aforesaid aspect of the matter and considering the matter in dispute, the respondents No.4 and 5 are directed to look into the matter and to pass appropriate orders while leaving a lane for the purpose of easementary right of the villagers and other people so that they may not lose their easementary right and the respondents are free to start construction under the Pauni Pasari Yojna. 6. With the aforesaid observations and directions, the present petition is disposed of. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh