1 2026:CGHC:5411-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 7 of 2026 Pankaj Agrawal S/o Late Omprakash Agrawal Aged About 46 Years R/o Danipara, District Raigarh C.G. ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary Revenue And Disaster Management Department Mantralaya Mahanadi Bhavan Atal Nagar Naya Raipur, District Raipur C.G. 2 - Collector Cum District Magistrate, District Raigarh C.G. 3 - Sub-Divisional Magistrate, Raigarh District Raigarh C.G. 4 - Tahsildar, Raigarh District Raigarh C.G. ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Anand Shukla, Advocate For Respondent/State : Mr. Praveen Das, Additional Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 31.01.2026 1. Heard Mr. Anand Shukla, learned counsel for the petitioner. Also heard Mr. Praveen Das, learned Additional Advocate General, appearing for the State/respondents. ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2026.01.31 16:41:34 +0530 2 2. The petitioner has filed this petition praying for following relief:- “i. That this Hon’ble Court may kindly be pleased to issue a writ in the nature of mandamus or any other writ directing the Respondent No.03-Sub Divisional Magistrate, Raigarh, to take necessary action and decide the case no.257/1988 within a stipulated period as early as possible, in the interest of justice. ii. That this Hon’ble Court may further be pleased to direct the Respondent No.03 to release the attached/seized suit property and hand over the possession of the same to the petitioners, as early as possible, in the interest of justice. iii. That, this Hon’ble Court may further be pleased to direct the Competent Authority to conduct an inquiry against the sale of seized property by the Co-owners of Akashdeep, in the interest of justice. iv. To kindly make any other order or writ that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner.” 3. From a perusal of the pleadings on record as also the cause-title of the memo of petition, it clearly transpires that the petitioner has failed to implead the complainant, namely Akashdeep, on whose complaint Case No.257/1998 is pending before the Respondent No.03. The said complainant is a necessary and proper party for the effective and complete adjudication of the issues involved in 3 the present writ petition, and non-impleadment thereof renders the petition defective. 4. In view of the foregoing discussion, the instant writ petition is liable to be dismissed and is accordingly dismissed, subject to the petitioner depositing costs of ₹10,000/- (Rupees Ten Thousand Only) in the Registry of this Court within a period of one week from today. Upon such deposit, the Registry shall transmit the said amount to the Government School for Visual and Hearing Impaired, Tifra, District Bilaspur (Chhattisgarh). 5. It is, however, made clear that the dismissal of the present petition shall not operate as a bar to the petitioner’s right to approach this Court afresh. The petitioner is granted liberty to file a fresh petition on the same cause of action, in accordance with law, after duly impleading the complainant as a necessary party. 6. Certified copies of the documents annexed to the petition, if any, shall be returned to learned counsel for the petitioner after retaining photocopies thereof on record, subject to deposit of the aforesaid costs. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Anu