1 2026:CGHC:20697 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2228 of 2026 Biharilal Patel S/o Saheblal Patel Aged About 52 Years R/o Village Farhada, Tahsil Akaltara, District Janjgir Champa Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Collector, Janjgir Champa, District Janjgir Champa Chhattisgarh 2 - The Sub Divisional Officer (Revenue) Tahsil Akaltara/ Balauda, District Janjgir-Champa Chhattisgarh 3 - The Chief Executive Officer Jila Panchayat, District Janjgir-Champa Chhattisgarh 4 - The Chief Executive Officer Janpad Panchayat, Akaltara, District Janjgir-Champa Chhattisgarh 5 - The Tahsildar Tahsil Akaltara, District Janjgir-Champa Chhattisgarh 6 - The Sarpanch Mamta Vishwakarma, W/o Shri Sohan Vishwakarma, Aged 45 Years, Occupation Sarpanch At Gram Panchayat Farhada R/o Village Farhada P/o Shankar, Police Station And Tahsil Akaltara, District Janjgir Champa Chhattisgarh 7 - The Up- Sarpanch Vijay Kaiwartya, S/o Shri Ramkumar Kaiwartya, Aged About 48 Years., Occupation - Upsarpanch At Gram Panchayat Farhada R/o Village Farhada P/o Shankar, Police Station And Tahsil Akaltara, District Janjgir-Champa Chhattisgarh. ... Respondents ------------------------------------------------------------------------------------------------- For the Petitioner : Ms. Lata Nayak, Advocate. For the State : Ms. Akansha Verma, PL. ------------------------------------------------------------------------------------------------- 2 Hon'ble Mr. Amitendra Kishore Prasad, Judge Order on Board 04.05.2026 1. Petitioner has filed this petition under Article 226 of the Constitution of India with following reliefs: “RELIEF SOUGHT: 10.1 That, the Hon'ble Court may kindly be pleased to direct the respondent's authority to take necessary steps to stop the construction work being done in front of petitioner's house by the Respondents No. 6 and 7 forthwith. 10.2 That, the Hon'ble Court may kindly be pleased to direct the respondent's authority to take decision on the complaints made by the petitioner within stipulated time period. 0.3 Any other relief which this Hon'ble Court may deem fit and proper in favour of the petitioner may kindly be passed..” 2. Relevant facts for disposal of this petition are that the petitioner is having the ancestral land and his name is registered in the revenue records bearing Khasra No. 316/3, area 0.4330 hectare situated at village Farhada, P.H. No.02, Kotgarh Tehsil Akaltara District Janjgir Champa Chhattisgarh. In some portion of the said land i.e. Khasra No.316/3, area 0.4330 hectare, petitioner is having his dwelling house and said house is situated beside the Akaltara Bilaspur road. On 24-04-2026, petitioner filed individually written complaint before 3 the respondents nos. 1 to 5 stating that respondent Nos.6 and 7 herein, who are the members of the Gram Panchayat, have encroached upon the land in front of his house by digging a pit with a JCB and have blocked the main route from his house to the said road and have started construction work. Due to construction work being done on the said government land, route to petitioner's house has been blocked, due to which, petitioner and his family members are facing a lot of problems in going to and coming from the house. Despite of the various written complaints to the respondents authority, till the date no action is being taken in favour of the petitioner and respondents nos.6 and 7 herein continuously doing construction work in front of the house of the petitioner. Hence, this petition. 3. Learned counsel for the petitioner submits that the easement is being effected as the petitioner is not being allowed to take the benefit of right of way and the concerned Gram Panchayat is raising the construction over the village route which is effecting the easementary right of the petitioner, as such, the petitioner has filed an applications in this respect before the concerned Authorities, however, till date same are pending for consideration. Hence, petitioner has has came up before this Court with aforesaid prayer/relief. 4. Learned State Counsel submits that concerned Authority will take necessary action in case easementary right of the petitioner is 4 being effect. 5. Heard learned counsel for the parties and perused the petition. 6. Considering above facts of the case, nature of relief/dispute, submissions of counsel for the parties, particularly as per records petitioner has filed the complaints in this regard before the concerned Collector, SDO (Revenue), CEO of Janpat Panchayat, Janpat Panchayat and Tahsildar, however, the concerned Gram Panchayat is raising the construction over the village route effecting the easementary right of the petitioner. Accordingly, this writ petition stands disposed of directing the concerned Tahsildar to consider the matter of the petitioner and pass appropriate order in accordance with relevant law/rules within a period of 30 days from the date of receipt of copy of this order after giving due opportunity of hearing to the petitioner. 7. Till decision on petitioner’s complaint/application/objection, concerned Gram Panchyat is directed not to raise any further construction over the land in dispute and the construction as raised by the Gram Panchayat shall remain stayed. CC as per rules. Sd/- (Amitendra Kishore Prasad) Judge J.