1 2026:CGHC:22349 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1468 of 2026 1 - Smt. Rameshwari Shrivas W/o Shri Manharan Lal Shrivas Aged About 46 Years Resident Of Ward No 2, Abdul Kalam Nagar Sakri Police Station Sakri, Tahsil Sakri, District- Bilaspur (C.G.). ... Petitioner(s) versus 1 - The State Of Chhattisgarh Department Of Revenue, Mantralaya Mahanadi Bhawan Naya, Raipur, Atal Nagar, P.O. And P.S. Naya Raipur District- Raipur (Chhattisgarh). 2 - The Collector Bilaspur District- Bilaspur (C.G.). 3 - The Tahsildar Sakri District- Bilaspur (C.G.) 4 - The Commandant 2nd Battalion Chhattisgarh Arms Force Sakri District- Bilaspur (C.G.) ... Respondent(s) For Petitioner(s) : Shri VK Pandey, Advocate. For Respondent(s) : Shri Anandi Sharma, PL. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 12/05/2026 1. By way of this Writ Petition, the petitioner has prayed for the following reliefs:- 10.1 This Hon'ble Court may kindly be pleased to issue notices to the respondents returnable within early date of hearing. 10.2 This Hon'ble Court may kindly be pleased to direct the respondent authorities to provide easementary right of way to the petitioner within stipulated period. 10.3 This Hon'ble Court may kindly be pleased to direct the respondent No. 2 to consider and decide the application made by the petitioner under Section 135 of CGLR Code within stipulated period in accordance with law. 10.4 Grant any other relief(s)/ order(s)/ direction(s) in favour of AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.05.14 10:34:28 +0530 2 petitioner, which deemed fit & proper in the facts & circumstances of the case, in the interest of justice. 10.5 Cost of the petition. 2. Facts of the case in nutshell are that the present petitioner purchased a land situated at P.H. No. 45, R.I. Circle, Sakri, Tahsil Sakri, District Bilaspur bearing khasra no. 15/28 admeasuring area 0.12 acre through the registered sale deed dated 30.05.2013 and thereafter her name has also been mutated in the revenue records and after the diversion she has constructed a residential house over the said land. It is pleaded that there was only one way in front of the house of the petitioner to go anywhere which was passing through the Sakri Battalion premises and was connected with the National Highway but all of a sudden the Sakri Battalion i.e. respondent no. 4 has closed the said road by constructing a boundary wall due to this reason the petitioner is suffering from hardship and her easementary right of way as also the fundamental rights of life and liberty has been infringed. Feeling aggrieved with the aforesaid action on the part of the respondents, the petitioner preferred writ petition vide its WPC No. 3404/2024 which was disposed off on 08.07.2024 directing the respondent No. 3 to consider and decide the application moved by the petitioner under Section 131 of CGLR Code within stipulated period. Thereafter the respondent No. 3 has passed the order and dismissed the application under Section 131 on the ground that since the petitioner is having diverted land, therefore, as per Section 131 of CGLR Code easementary right of way cannot be given to the petitioner. The findings and reasons given by the respondent No. 3 by interpretating the contents mentioned in Section 131 of CGLR Code in a strict sense is not just and proper in the eye of law as the object of CGLR Code is to provide speedy social justice to the aggrieved person. As per the spot Panchnama report submitted by the 3 concerned Patwari, it is crystal clear that the petitioner has no any other easementary right of way. The aforesaid action of respondents is violative of Section 131, 132, 133 & 135 of the Chhattisgarh Land Revenue Code, 1959 and is also against the Article 21 of the Constitution of India. Thereafter the petitioner has again filed a writ petition being WPC No. 4878/2025 which was disposed of on 12.09.2025 giving liberty to the petitioner to approach before the respondent No. 2 and file an application under Section 135 of the CGLR Code. Thereafter the petitioner has moved a representation before the respondent No. 2 on 29.09.2025 and thereafter, again submitted a reminder on 03.11.2025 and has also send a legal notice through the registered post on 12.01.2026, but the respondent No. 2 has not considered and decided the application till date. Hence this petition. 3. Learned counsel for the petitioner submits that this Writ Petition may be disposed of with a direction to Respondent No.2 to decide the application under Section 135 of the C.G. Land Revenue Code for acquisition of road/path. He submits that the said application may be directed to be decided within a stipulated time frame as the same is pending before Respondent No.2 since 29.09.2025. 4. Learned State counsel raises an objection to the prayer made by the petitioner that application of petitioner under Section 131 of the C.G.L.R.C has already been dismissed, as such, the petitioner ought to have approached the concerned authority against the same in a revision or appeal. 5. Since the petitioner at this stage is only seeking a limited direction to Respondent No.2 to decide the application under Section 135 of the C.G.L.R.C. as such, the objection raised by learned State counsel has no substance and the 4 same is not acceptable. 6. Further, the application filed by the petitioner under Section 135 of the C.G.L.R.C. is pending before the concerned Collector since 29.09.2025, as such, the concerned Collector is directed to decide the said application within a period of 60 days from the date of receipt of copy of this order, in accordance with law after give due opportunity of hearing to the relevant parties. 7. With the aforesaid observation/direction, this Writ Petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Avinash