1 2026:CGHC:25865 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2673 of 2022 Sarpanch Gram Panchayat , Palandur, Janpad Panchayat, Dongargarh, District Rajnandgaon Chhattisgarh ... Petitioner(s) versus 1 - Ramgulal S/o Denku Lodhi R/o Village Palandur, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh 2 - Bishat S/o Late Kalanath Verma R/o Village Palandur, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh. 3 - Shatruhan S/o Pusu Verma R/o Village Palandur, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh. 4 - Paltan S/o Pusu Verma R/o Village Palandur, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh. 5 - Smt. Chander Bai W/o Late Hinsu Verma R/o Village Palandur, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh. 6 - Chevlal S/o Late Hinsu Verma R/o Village Palandur, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh. SHYNA AJAY Digitally signed by SHYNA AJAY Date: 2026.06.27 14:25:49 +0530 2 7 - Ganesha S/o Late Hinsu Verma R/o Village Palandur, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh. 8 - Lalita D/o Hinsu Verma R/o Village Palandur, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh. 9 - Smt. Urmila Bai W/o Jaylu Verma R/o Village Palandur, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh. 10 - Manik S/o Late Jaylu Verma R/o Village Palandur, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh. 11 - Shivlal S/o Jailu Verma R/o Village Palandur, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh. 12 - Rajkumar Verma S/o Late Lilar Verma R/o Village Palandur, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh. 13 - Vikram S/o Late Rama Verma R/o Village Palandur, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh. 14 - Babulal S/o Late Rama Verma R/o Village Palandur, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh. 15 - Bhagwat Verma S/o Late Rama Verma R/o Village Palandur, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh. 16 - Madhav Verma S/o Late Rama Verma R/o Village Palandur, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh. 17 - Bhagwati D/o Late Rama Verma R/o Village Palandur, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh. 3 18 - Vijay Kumar S/o Late Shyamlal R/o Village Palandur, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh. 19 - Sub Divisional Officer (R) Dongargarh, District Rajnandgaon Chhattisgarh. 20 - Tahsildar Dongargarh, District Rajnandgaon Chhattisgarh. 21 - The State Of Chhattisgarh Through Secretary, Revenue And Disaster Management, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh., ... Respondent(s) (Cause Title downloaded from CIS Periphery) For Petitioner(s) : Mr. Parag Kotecha, Advocate For Respondent(s) : Mr. SS Choubey, Government Advocate SB: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 24/06/2026 1. Heard. 2. By way of this petition, the petitioner seeks the following reliefs : i. Quash/set aside the order dated 13/4/22 passed by learned respondent no. 19 and further please to direct the restore the name of the State Govt. over the pond. ii direct respondents no. 19 to 21 to permit and allow the villager to do nistari in the pond iii call the entire record which are related to present case. IV. Any other relief which this Hon’ble Court deems fit be granted and the cost of the petitioner may also kindly be awarded in favour of the petitioner. 3. Learned counsel for the petitioner-Gram Panchayat submits that 4 the SDO(R), Dongargarh has rejected the appeal of the petitioner on the ground that the Sarpanch of the Gram Panchayat, Palandur, Janpad Panchayat Dongargarh was not a party to the initial proceedings before the concerned Tehsildar. As such, the appeal was held to be not maintainable as it was preferred by a third party. Learned counsel for the petitioner further submits that the pond in question is a Nistari pond meant for common use of the villagers. In pursuance of an application filed by private persons/respondents, the concerned Tehsildar acted illegally by entering the names of respondents 1 to 18 in the revenue records as owners of the said land, whereas, the original revenue record and the actual factual position stand altogether different. 4. Per contra, learned counsel for the State submits that the petitioner did not participate in the proceedings before the concerned Tehsildar. He submits that unless and until, the petitioner files an appropriate application before the competent authority, the appeal directly preferred before the SDO, has rightly been rejected. 5. Considering the facts and circumstances of the case, particularly considering the fact that the matter relates to a pond, over which the villagers are seeking Nistari rights, and that the concerned Tehsildar has entered the names of the private persons/respondents in the revenue records in respect of the said pond, this Court deems it appropriate to grant liberty to the petitioner- Gram Panchayat to file an appropriate application in this regard under Section 248 of the CG Land Revenue Code (in 5 short “the Code”) before the concerned Tehsildar within a period of one month from the date of receipt of a copy of this order. In the event, the petitioner files an application regarding Nistari rights under Section 248 of the Code, the concerned Tehsildar is directed to consider the same on its own merits without being influenced by any earlier orders. The Tehsildar shall afford a proper opportunity of hearing to the petitioner-Gram Panchayat as well as the private persons/ respondents in whose names the pond stands mutated, before passing a reasoned order addressing the objections raised by the petitioner. Ordered accordingly. 6. In addition, liberty is granted to the petitioner-Gram Panchayat to file an appropriate application before the concerned Collector under Section 237 of the Code for obtaining Nistari rights over the said land. 7. With the aforesaid observations/directions, the Petition is finally disposed of. Sd/- (Amitendra Kishore Prasad) Judge Shyna Ajay