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2026 DAILYLAW 15669 (CHH)

VIMLA PATKAR v. STATE OF CHHATTISGARH

WPC/172/2026 · 2026-01-15

Shri Narendra Kumar Vyas

body2026

Judgment text

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1 2026:CGHC:2642 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 172 of 2026 Vimla Patkar W/o Lekhram Patkar Aged About 65 Years R/o Village Mopka, Teh. Bhatapara, Dist. Balodabazar- Bhatapara (Chhattisgarh) ... Petitioner(s) versus 1. State Of Chhattisgarh Through Chief Secretary, Mantralaya, Naya Raipur (Chhattisgarh) 2. State Of Chhattisgarh Through Collector, Balodabazar- Bhatapara District Balodabazar- Bhatapara (C.G.) 3. Superintendent Of Police Balodabazar-Bhatapara District Police Headquarters, Balodabazar- Bhatapara (C.G.) 4. Tehsildar Bhatapara Tehsil Office, Bhatapara, Dist. Balodabazar- Bhatapara (C.G.) 5. Sarpanch Gram Panchayat Mopka Gram Panchayat Office, Village Mopka, Bhatapara (C.G.) 6. Netram Verma S/o Hansaram Verma Aged About 42 Years R/o Village Mopka, Teh. Bhatapara, Dist. Balodabazar- Bhatapara ... Respondent(s) For Petitioner(s) : Mr. Dinesh Yadav, Advocate For Respondent(s) : Mr. Anadi Sharma, Panel Lawyer Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 16/01/2026 1. The petitioner has filed this petition alleging that respondent No. 6 using the land owned by the petitioner in putting garbage and cow dung which is nuisance as defined under air pollution, water pollution and other relevant SANTOSH KUMAR SHARMA Digitally signed by SANTOSH KUMAR SHARMA Date: 2026.01.19 11:43:33 +0530 2 environment laws, as such this petition for issuance of direction to respondent No. 6 to remove the garbage from his land. 2. From the record annexed with the writ petition, it is quite vivid, that there is dispute with regard to demarcation of the land as the petitioner herself has moved an application under Section 129 of the Land Revenue Code before Tahsildar, Bhatapara-Balodabazar vide Annexure P/3 on 23.04.2025 for demarcating of the land situated at village Mopka, P.H.N. 20 R.N.M Khamhariya, Tahsil Bhatapara bearing khasra No. 526, 527,532, 543, area 0.1460, 0.1540, 0.1710, 0.5510 wherein it has been informed by the State counsel that the demarcation has already been done, therefore, nothing remains to be adjudicated in the case, as such, the writ petition is disposed of. However, liberty is granted to the petitioner to challenge the demarcation and other order by which the Tahsildar has redressed his grievances before appropriate forum as per land Revenue Code or Civil law remedy. Sd/- (Narendra Kumar Vyas) Judge santosh