1 2026:CGHC:26829 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2148 of 2022 1 - Satyavan Yadav S/o Shri Ram Yadav Aged About 61 Years R/o Ward No. 11, Dhamtari, District : Dhamtari, Chhattisgarh. 2 - Praveen Sahu S/o Laxman Lal Sahu Aged About 30 Years R/o Atkeshwar Road, Shitlapara, Ward No.02, Dhamtari, District : Dhamtari, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Urban Administration Department, Mantralaya, Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh. 2 - The Commissioner Municipal Corporation, Dhamtari, District- Dhamtari (C.G.), District : Dhamtari, Chhattisgarh. 3 - The Collector Dhamtari, District-Dhamtari (C.G.), District : Dhamtari, Chhattisgarh. 4 - Sub Divisional Officer (Revenue) Dhamtari, District-Dhamtari (C.G.), District : Dhamtari, Chhattisgarh. RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 5 - The Tahsildar Dhamtari, District-Dhamtari (C.G.), District : Dhamtari, Chhattisgarh. 6 - Executive Engineer, Public Works Department Dhamtari, Division Dhamtari, District - Dhamtari (C.G.), District : Dhamtari, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Viplove Yadav, Advocate on behalf of Mr. Pushpendra Kumar Patel, Advocate. For Respondent(s)/State : Mr. S.S. Choubey, G.A. For Respondent No. 2 : Dr. Sudeep Agrawal, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 01/07/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court, may kindly call for the entire record in relates to the case of the petitioners. 10.2 That, this Hon'ble Court, may kindly be pleased to issued a writ / or writs/order/or orders/ to quashed the order dated 25.01.2022, (Annexure P/1), passed by the Tahsildar, Dhamtari, in Revenue Case No. 202110130700035/19(1)/2020-21, in the interest of justice, and further be direct to the respondent department, to kept the land in question for the purpose of Burying Grounds / (Graveyard) for the localities, in the 3 interest of justice. 10.3 That, any other relief, this Hon'ble Court, deem fit and proper may also kindly be granted to the petitioner, in the interest of justice. 10.4 An affidavit in support of this petition is filed herewith.” 2. Learned counsel for the petitioners submits that the land bearing Khasra No. 2639, proposed to be allotted to the Municipal Corporation, Dhamtari for establishment of a Water Purification Plant, has been used by the local residents as a Hindu cremation/burial ground (Marghat) for more than 100 years and is also recorded as such in the Nistar Patrak of the year 1955. It is contended that despite the objections filed by the petitioners and other villagers, the Tahsildar, without properly considering the objections and the revenue records, illegally rejected the same and referred the matter to the Collector for allotment of the land. Therefore, the impugned order is arbitrary, contrary to law, and deserves to be set aside. 3. Learned counsel appearing for respondent No. 2 has raised a preliminary objection regarding the maintainability of the present writ petition. It is submitted that the impugned order dated 25.01.2022 (Annexure P/1), passed by the concerned Tahsildar, is appealable under Section 44(1) of the Chhattisgarh Land Revenue Code, and the petitioner has an efficacious alternative statutory remedy of filing an appeal before the competent Sub- 4 Divisional Officer (Revenue). However, without availing the said statutory remedy, the petitioner has directly approached this Court by filing the present writ petition, which is not maintainable. It is further submitted that, in any event, the land in question has already been allotted to the Municipal Corporation, Dhamtari for establishment of a Water Treatment Plant, and approximately 97% of the construction work has already been completed. Therefore, no fruitful purpose would be served by keeping the present petition pending. 4. Having heard learned counsel for the parties and perused the material available on record. 5. Considering the facts and circumstances of the case, and particularly taking into consideration that the impugned order is an appealable order for which an efficacious statutory remedy is available under Section 44(1) of the Chhattisgarh Land Revenue Code, as well as the fact that the land in question has already been allotted by the State Government to the Municipal Corporation, Dhamtari and the Water Treatment Plant has substantially been constructed thereon, this Court is of the considered opinion that the present writ petition is not a fit case for exercise of extraordinary jurisdiction under Article 226 of the Constitution of India. Accordingly, without entering into the merits of the case, the writ petition is dismissed. 5 6. However, the petitioner is granted liberty to assail the order passed by the concerned Tahsildar before the competent appellate authority, in accordance with law. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat