1 2026:CGHC:26937 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4783 of 2022 1 - Khush Lal Rathore S/o Ishwar Prasad Rathore Aged About 52 Years R/o Ward No. 18 Thakurdiya, Tahsil And Police Station- Kharsia, Distt. Raigarh, (C.G.) ... Petitioner(s) versus 1 - State of Chhattisgarh Through- The Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhawan, New Raipur, District- Raipur (C.G.) 2 Collector District Raigarh, (C.G.) 3 Superintendent Of Police, District Raigarh, (C.G.) 4 Chief Muncipal Officer Municipal Council Kharsia, District Raigarh (C.G.) 5 Tahsildar, Kharsia, District Raigarh (C.G.) 6 - Station House Officer, Police Station Kharsia, District Raigarh, (C.G.) 7 - Ashok Das S/o Gyan Das Mahnat, Aged About 37 Years, R/o Ward No. 18 Thakurdiya, Tahsil And Police Station 0 Kharsia Distt. Raigarh (C.G.) 2 8 - Ravi Das S/o Gyan Das Mahant, Aged About 40 Years, R/o Ward No.18 Thakurdiy, Tahsil And Police Station - Kharsia Distt. Raigarh (C.G.) ... Respondent(s) ( Cause title taken from CIS Periphery) For Petitioner(s) : Mr.Jeet Ram Patel, Advocate For State /Respondents No.1, 2, 3, 5 & 6 : Mr. Shreyas Mehta, P.L. For Respondents No.7 & 8 : Mr. Manoj Kumar Sinha along with Mr. Shikhar Shukla, Advocate SB: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 01/07/2026 1. Heard. 2. The petitioner has filed the instant petition for following reliefs:- “10.1 That this Hon'ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders and the respondent authority may kindly be directed to remove the encroachment caused by respondent no. 7 & 8 being constructed unauthorized house on the Nistari water pond bearing Khasra no.577/1/Kh area 0.121 Hectare of the petitioner's, situated at Thakurdiya, P.H.N. 22, Tahsil Kharsia, District Raigarh, in the interest of Justice. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authority to consider and decide the petitioner's application regarding to remove the 3 encroachment caused by respondent no. 7 & 8 on the Nistari water ponds of petitioner. 10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of the petition may be given.” 3. Facts of the case are that the petitioner is the owner of land bearing Khasra No. 577/1/Kh, admeasuring 0.121 hectare, situated at Village Thakurdiya, P.H. No. 22, Tahsil Kharsia, District Raigarh. A public Nistari water pond is situated adjacent to the petitioner's land. Copies of the relevant revenue records are annexed as Annexure P/1. Respondent Nos. 7 and 8 have allegedly raised unauthorized construction by encroaching upon the boundary of the said Nistari water pond, which is used by the local residents for their daily needs. Photographs depicting the encroachment are annexed as Annexure P/2. The petitioner has repeatedly submitted representations to the competent authorities requesting removal of the encroachment. Despite such representations, no effective action has been taken and the unauthorized construction has substantially progressed. Copies of the representations are annexed collectively as Annexure P/3. The continued inaction of the respondent authorities in removing the encroachment from a public water body is contrary to law and public interest. In M.K. Balakrishnan v. Union of India, the Hon'ble Supreme Court emphasized the need to protect water bodies from illegal encroachments and observed that the filling up and unauthorized occupation of ponds, tanks and lakes has resulted in 4 an acute shortage of water, warranting strict action for their preservation. 4. The dispute between the parties pertains to the alleged encroachment over the land in question, the petitioner submits that the land has been encroached upon by respondent Nos. 7 and 8 whereas respondent Nos. 7 and 8 submit that they have not encroached upon the petitioner's land. Learned counsel appearing on behalf of the Municipal Council, Kharsia, submits that the dispute would be resolved if an order for demarcation is passed by this Court as none of the parties has produced any relevant demarcation report establishing the possession of the land in question. 5. Considering the aforesaid facts and circumstances of the case, the petition is disposed of with liberty to the petitioner to file an appropriate application for demarcation of his land. Thereafter, the concerned authorities are directed to issue notice to all concerned parties, conduct the demarcation in accordance with law after affording due opportunity of hearing to all the parties and thereafter pass an appropriate order in accordance with law. 6. The petitioner is directed to approach the concerned authority within 10 days from the date of receipt of a copy of this order. Sd/- (Amitendra Kishore Prasad) Judge Ruchi RUCHI YADAV Digitally signed by RUCHI YADAV