1 2026:CGHC:7087 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 798 of 2022 1 - Smt. Sudha Rajwade D/o Late Thakur Prasad Rajwade Aged About 48 Years W/o Shri Balkumar Rajwade, Aged About 48 Years, Occupation- Agriculture And Government Employee Working As A N M Under Health Department R/o Kauhakunda, Chakradhar Nagar, Tahsil And District- Raigarh, Chhattisgarh. 2 - Smt. Toshmati Rajwade (Died Through Lrs) As Per Hon'ble Court Order Dated 01-07-2025 2.1 - Mishal Rajwade S/o Late Thakur Prasad Rajwade Aged About 26 Years Occupation - Student, R/o Village - Lahaptra, Police Station - Lakhanpur, District - Surguja Chhattisgarh 2.2 - Bhoomika Rajwade D/o Late Thakur Prasad Rajwade Aged About 22 Years Occupation - Student, R/o Village - Lahaptra, Police Station - Lakhanpur, District - Surguja Chhattisgarh 3 - Smt. Shyamwati Rajwade D/o Late Thakur Prasad Rajwade, Aged About 40 Years Occupation Agriculture, R/o Kauhakunda, Chakradhar Nagar, Tahsil And District Raigarh Chhattisgarh 4 - Smt. Divya Rajwade D/o Late Thakur Prasad Rajwade, W/o Shri Prakash Kumar Rajwade, Aged About 32 Years Occupation Agriculture And Government Employee Working As Ag-Iii At Collectorate Raigarh, R/o Kauhakunda, Chakradhar Nagar, Tahsil And District Raigarh Chhattisgarh 5 - Ku. Reena Rajwade D/o Late Thakur Prasad Rajwade Aged About 29 Years Occupation Agriculture And Government Employee (Adhoc) Working Under Mgnrega Department, R/o Kauhakunda, Chakradhar Nagar, Tahsil And District Raigarh Chhattisgarh ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur Chhattisgarh. 2 - The State Of Chhattisgarh Through The Secretary, Department Of Water Resources, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur (Chhattisgarh) 3 - The Collector, District Raigarh Chhattisgarh. SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.02.10 11:08:00 +0530 2 4 - Municipal Corporation Raigarh, Through The Commissioner, District Raigarh Chhattisgarh 5 - The Nazul Officer, Collectorate Office Raigarh, District Raigarh Chhattisgarh 6 - The Sub Divisional Officer (Rev.) Raigarh, District Raigarh Chhattisgarh 7 - The Tahsildar, Raigarh, District Raigarh Chhattisgarh. 8 - The Sub Divisional Officer, Water Resources Department, Collectorate Office Raigarh, District Raigarh Chhattisgarh. 9 - Shri Dinesh Kumar Shadangi S/o Shri Banshidhar Shadangi, Aged About 55 Years Owner And Director Of Banshi Enclave, Office Shri Balaji Developer, Mukut Nagar, Complex, Shop No. 07, Bsnl Road, Near Hemu Kalani Chowk, Raigarh, District Raigarh Chhattisgarh 10 - Shri Manish Dewangan S/o Shri Harilal Dewangan, Aged About 45 Years Developer Of Banshi Enclave, Office- Shri Balaji Developer, Mukut Nagar, Complex Shop No. 07, Bsnl Road, Near Hemu Kalani Chowk, Raigarh, District Raigarh Chhattisgarh ... Respondent(s) For Petitioners : Mr. Anukul Biswas, Advocate For State : Mr. Vinay Pandey, Dy. Advocate General For Respondent No. 9 & 10 : Mr. Hishabh Deo Shukla, Advocate holding the brief of Mr. Sanjay Agrawal, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 09.02 .2026 1. This petition has been filed seeking following relief :- 10.1 That, this Hon'ble Court may kindly be pleased issue appropriate writ or order by directing the respondent state authority to protect the fundamental rights of the petitioners to livelihood to cultivate, use the agriculture land and pathway without interruption. 10.2 That, this Hon'ble Court may kindly be pleased issue appropriate writ or order by directing the respondent State authorities to take legal and punitive action against the No. 9 and 10 to remove from the 3 entire government/nazul land and village ponds. 10.3 That, this Hon'ble Court may kindly be pleased issue appropriate writ or order to the respondent No. 1 to 8 to comply and follow the direction and order issued by Hon'ble Supreme Court passed in Jagpal Singh Versus State of Punjab reported in (2011) 11 SCC 396. 10.4 That, this Hon'ble Court may kindly be pleased issue appropriate writ or order by directing the respondents to restore the government land ponds its original position and prevent from destroying small river (Nala). 10.5 That, this Hon'ble Court may kindly be pleased issue appropriate writ or order by directing the respondent state authority to protect the life of the petitioners and false implication from the criminal and maliciously prosecution and also they may be removed from their service due to filling the present petition. case 10.6 That, this Hon'ble Court may kindly be pleased call the records of the case from the respondents authority. 10.7 That, this Hon'ble Court may kindly be pleased to grant any other relief in favour of the petitioner looking to the facts and circumstances of the case. 2. Learned counsel for the petitioners would submit that private respondents have encroached over Government land. He would contend that the petitioners made various representations but till date no action has been taken. It is also argued that a direction was issued to the Collector as well 4 as Tahsildar to take appropriate steps, but till date no action has been taken. He would pray that suitable direction may be issued to the respondent authorities to remove encroachment. 3. On the other hand, learned counsel appearing for respondents would submit that an enquiry was conducted and action is proposed against the encroachers vide memo dated 02.01.2026. 4. I have heard learned counsel for the parties and perused the documents placed on record. 5. Taking into consideration the fact that there is specific allegation with regard to encroachment over Government land; therefore, at this juncture, this petition is disposed of with a direction to the concerned Tahsildar to register a case according to the provisions of Section 248 of Chhattisgarh Land Revenue Code, 1959 against the encroachers over the Government land and the said authority shall decide the matter after affording due opportunity of hearing to the persons concerned. 6. With the aforesaid observation(s), the instant petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) Judge $iddhant