1 2026:CGHC:14046 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4063 of 2021 1 - Ram Aasra S/o Budhram Sahu, Aged About 80 Years R/o Village Raksha, Post Wasin, Tahsil Rajim, Police Station Kingeshwar, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh 2 - Gayaram Sahu S/o Dhanaram Sahu, Aged About 55 Years R/o Village Raksha, Post Wasin, Tahsil Rajim, Police Station Fingeshwar, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Panchayat Department, Mantralaya, Atal Nagar, Nawa Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - The Secretary, Government Of Chhattisgarh, Revenue And Disaster Management Department, Mantralaya, Atal Nagar, Nawa Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - The Collector, District Gariyaband Chhattisgarh., District : Gariyabandh, Chhattisgarh 4 - The Tahsildar, Rajim, District Gariyaband Chhattisgarh, District : VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 Gariyabandh, Chhattisgarh 5 - The Chief Executive Officer, Janpad Panchayat, Fingeshwar, District Gariyaband Chhattisgarh, District : Gariyabandh, Chhattisgarh 6 - Sarpanch, Gram Panchayat, Raksha, Janpad Panchayat, Fingeshwar, District Gariyaband Chhattisgarh, District : Gariyabandh, Chhattisgarh ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioners :- Mr. Kishan Kumar Sonker, Advocate on behalf of Mr. K.K. Pandey, Advocate For State :- Mr. Siddhant Sharma, P.L. ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 24.03.2026 1. The present writ petition is being filed against the illegal, arbitrary and discriminatory action of the respondent authorities in proposing and proceeding with the construction of a Gothan over the land bearing Khasra No. 236 admeasuring area 3.88 hectares situated at Village Raksha, P.H. No. 21, R.I.C. and Tahsil Rajim, District Gariyaband (C.G.). The petitioners have been in peaceful possession over the said land for several decades. The said land is recorded as Government land, however the petitioners are in long-standing possession over portions thereof and have constructed their residential houses where they are residing along with their respective family members since many years. The 3 petitioners have no alternative accommodation. Initially for the purpose of construction of the Gothan, lands bearing Khasra Nos. 491, 490, 496, 497, 497/1, 500, 478, 430, 485, 484 and 458 situated in Village Raksha were identified and inspected by the revenue authorities. However due to encroachment by Respondent No. 6 over the said lands, a resolution was passed to construct the Gothan over Khasra No. 236 which is under possession of the petitioners. The revenue authorities conducted inspection of Khasra No. 236 and prepared a Panchnama report wherein it has been specifically recorded that the petitioners are in possession over the said land and have constructed houses thereon. The petitioners submitted representations before the Tahsildar and Collector requesting that the Gothan may not be constructed over Khasra No. 236 and instead be constructed over other available vacant Government land in the same locality. However no action has been taken till date. the impugned action of the respondents in seeking to dispossess the petitioners without following due process of law and without considering their long-standing possession is arbitrary, unjust and violative of the petitioners’ fundamental and legal rights. Hence the present petition. 2. Following reliefs have been prayed by way of this petition:- “10.1 That, this Hon'ble Court may kindly be pleased to call the records pertaining to the case from the respondent authorities. 4 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondent authorities not to construct the Gothan over the land bearing khasra no. 236 total admeasuring area 3.88 hectares situated at Village-Raksha, P.H.No. 21, R.I.C. & Tahsil-Rajim, District-Gariyaband (C.G.) and the Gothan be constructed over some other adjacent government land. 10.3 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondentauthorities not to dispossess the petitioners from the aforesaid land khasra no. 236 situated at Village- Raksha, P.H.No. 21, R.I.C. & Tahsil-Rajim, District- Gariyaband (C.G.). 10.4 To kindly grant any other relief which may be deem fit in the given facts and circumstances of the instant case.” 3. Learned counsel appearing for the petitioner submits that a Gothan is proposed to be constructed over Khasra No. 236 admeasuring 3.88 hectares situated at Village Raksha, R.I.C. and Tehsil Rajim, District Gariyaband, and the petitioner is aggrieved by the said decision taken by the State authorities. It is submitted that the petitioner is praying that the said Gothan be constructed over some other available Government land instead of the aforesaid land. 5 4. Learned State counsel submits that under the Gothan Nyay Yojana, pursuant to which the concerned Gothan was proposed to be constructed, the said scheme has now been closed. It is further submitted that in view of the aforesaid development, the present petition has become infructuous. 5. In view of the aforesaid submission and considering that the scheme itself has been closed, nothing survives for adjudication in the present petition. Accordingly, the writ petition is dismissed as having become infructuous. sd/- (Amitendra Kishore Prasad) Judge Vishakha