1 CGHC010265152022 2026:CGHC:28851 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3672 of 2022 1 - Gram Panchayat Tandwa Through Sarpanch Smt. Puspalata Nayak, Aged 53 Years, Widow Of Late Shri Pradip Nayak, Resident Of Village Tandwa, Tahsil Tilda, District Raipur Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhavan, New Raipur Chhattisgarh 2 - Revenue Inspector Tandwa 04, Raipur Chhattisgarh 3 - Collector Raipur Chhattisgarh 4 - The Tahsildar Tilda Neora, District Raipur Chhattisgarh 5 - Chief General Manager Land Acquisition Branch C.S.I.D.C. Raipur Chhattisgarh 6 - Chhattisgarh State Industrial Development Corporation (Csidc) Through Managing Director, 1st Floor, Udyog Bhawan, Ring Road No. 1, Telibandha, Raipur Chhattisgarh. 7 - Shri Bajrang Power And Ispat Limited Village Tandwa Tahsil Tilda Neora, Raipur Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Ritesh Verma, Advocate. For State/respondent : Shri Shreyansh Mehta, PL. For Respondent 5 & 6 : Shri Soumitra Kesharwani appears on behalf of Ms. Richa Shukla, Advocate. For Respondent No.7 : Shri Lukesh Kumar Mishra appears on behalf of Shri Sanjeev Pandey, Advocates. SB: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 10/07/2026 1. This Writ Petition has been filed for the following reliefs:- AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.07.10 18:46:49 +0530 2 10:1. that, the Hon'ble Court may kindly be pleased to issue appropriate writ or direction to the respondents not to allot Nistar land against Chapter XVIII of the Chhattisgarh Land Revenue Code, 1959 for industry to a private person and directed the respondents not to disturb the easementary Nistar rights of Nistar from the Government land. 2. Learned counsel for the petitioner submits that petitioner "Gram Panchayat, Tandwa, and villagers represented through Sarpanch are residents of village Tandwa, Tilda-Neora, Raipur who have their own dwelling house and agricultural lands. Respondent No. 4 issued amended memorandum on 3.8.2022, intimating Sarpanch of Gram Panchayat Tandwa, regarding their call to Patwari of village Tandwa P.H. No. 10 for demarcation of land on 5.8.2022 at 11.00 AM, bearing Khasra No. 508/1, area 9.807 hectare Government Land situated at village Tandwa. He submits that Khasra- panchshala and Map of land of the year 2003 clearly shows that the land bearing Khasra No. 508/1, area 9.807 hectare clearly shows that the land is Nistari land and road is situated thereon. Construction of road on Khasra No. 508/1, was proposed and convened through the scheme of MGNREGA and Funds of Gram Panchayat, Tandwa. The resolutions were passed since 2002 from time to time regarding construction, road funds and progress of work on that particular land. He submits that revenue department flashed a fresh map of Khasra No. 508/1, in which, the road has been erased and declared as illegally constructed road although it was constructed by Government MGNREGA Scheme. The public road situated on Khasra No. 508/1, village Tandwa is very useful for students of Schools, Colleges and employees of Bank and Post Office including the Patient who needs early Hospitalization 3 are using this short-cut road. He submits that the petitioners have easementary rights to go their house and agricultural lands across the path without any obstruction. The respondent authorities are not permitted to occupy the public path in the Government land and have no right to create any hindrance. Not only the petitioners but the whole villagers are facing problems of the respondent's act. 3. On the other hand, learned counsel for the respondents submits that the land was allotted to CSIDC/respondent for industrial development and as of now, construction has already been raised by them. He further submits that so far as easementary right of the petitioner is concerned, there is alternative nistari way in the disputed areas, as such, considering the backdrop, this Writ Petition has become infructuous. 4. Learned counsel for the petitioner, at this stage, submits that since alternative nistari path way has been provided, he does not want to press this petition. 5. In view of the submission of counsel for the petitioner as he does not want to press this petition, the same is accordingly dismissed as not pressed. Sd/- (Amitendra Kishore Prasad) Judge Avinash