1 2025:CGHC:33140 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1089 of 2021 1 - Spiritual Regeneration Movement Foundation Of India Head Office Narayan Vihar, New Delhi, Through Its General Secretary Shri G.R. Chandra Mohan, Aged About 63 Years, S/o Late N.G. Pillai R/o 124, Ayappa Nagar, Bhiali Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue , Mantralaya , Nawa Raipur , Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Tehsildar Rajnandgaon, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 3 - Superintendent Of Police Rajnandgaon , District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 4 - Station House Officer Lalbaug, Rajnandgaon , District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 5 - Sub Registrar Registry Office, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh ... Respondent(s) For Petitioner : Shri Ayush Verma, Advocate holding the brief of Shri Sumesh Bajaj, Advocate. For Respondent/ State : Shri Pramod Shrivastava, Dy.G.A. For Intervener : Shri Abhuday Singh, Advocate. SMT NIRMALA RAO 2 Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 15.07.2025 1. The petitioner has filed this petition seeking the following reliefs:- “10.1) That, this Hon'ble Court may kindly be pleased to call for the entire records of the present case, for the kind perusal of this Hon'ble Court. 10.2) That, this Hon'ble Court may further kindly be pleased to issue an appropriate writ/direction/order directing the respondent authorities to ensure that the land in question is properly protected and neither any trees are cut thereupon nor any construction is done and nor the same is sold or misappropriated in any manner till a proper and impartial adjudication of the same is duly done by a competent Court. 10.3) Cost of the petition may also be granted to the petitioner. 10.4) Any other relief which this Hon'ble Court deems fit and proper may also kindly be granted to the petitioner, in the interest of justice.” 2. The facts of the present case are that the petitioner is a holistic institution engaged in spreading and inculcating the values of Yoga and Meditation throughout the country. It is pleaded that the properties of the foundation are spread across the State of Chhattisgarh and that, taking advantage of a dispute between two sects, many individuals have started selling and misappropriating the properties of the foundation. It is further pleaded that the property situated at Rajnandgaon bearing Survey Nos. 99/3, 99/5, 99/12 and 100, admeasuring a total area of 3.92 acres, situated at Village Revadih, Patwari Halka No.4, District Rajnandgaon, is being alienated by the 3 opposite sect through the execution agreements to sell. The applications were moved before the Tehsildar and an interim order was passed on 23.11.2020 in favour of the petitioner. It is further pleaded that the various complaints have been made before the respondent authorities, but no heed has been paid. 3. Learned counsel for the petitioner would submit that the properties of the petitioner/institution are being misappropriated by the members of the opposite sect and the respondent authorities are not taking any action against the culprits. He would further submit that a direction may be issued to the respondent authorities to ensure protection of the properties in question and to restrain the opposite sect from cutting trees or raising any construction thereon. Thus, he would pray to allow this petition. 4. On the other hand, learned counsels for the respondents would submit that the members of the opposite sect have not been impleaded as party respondents in the present petition. They would further submit that the petitioner has filed this petition claiming therein relief of declaration of title, permanent injunction and therefore, this petition is not maintainable. 5. I have heard learned counsel for the parties and perused the documents present on the record. 6. In the present petition, the petitioner has referred to certain survey numbers in para 8.6 of the writ petition and a direction has been sought to the respondent authorities to protect those properties. It is also prayed that directions may be issued to the persons/members of the opposite sect/individuals restraining them from cutting trees or raising 4 construction. However, no order or direction can be issued against persons or individuals who are not arrayed as party respondents. Furthermore, the nature of reliefs sought in this petition - declaration of title and permanent injunction, are civil in nature. Hence, in the opinion of this Court, the present petition is not maintainable and is accordingly dismissed. However, the petitioner would be at liberty to avail the remedy available under the law. Sd/- (Rakesh Mohan Pandey) Judge Nimmi