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2026 DAILYLAW 26708 (CHH)

SMT. AHILYA BAI v. STATE OF CHHATTISGARH

WPC/3616/2026 · 2026-07-12

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010265722026 2026:CGHC:29271 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3616 of 2026 • Smt. Ahilya Bai W/o Budhiram Aged About 81 Years R/o Village Malkachhara, Janpad Panchayat Pandariya, Distt. Kabirdham, Chhattisgarh. ... Petitioner versus 1. State Of Chhattisgarh Through Secretary, Department Of Panchayat, Mahanadi Bhawan, Atal Nagar, Naya Mantralaya, Raipur, Distt. Raipur, Chhattisgarh. 2. Collector Kawardha, Distt. Kabirdham, Chhattisgarh. 3. Sub Divisional Officer (Rev) Pandariya, Distt. Kabirdham, Chhattisgarh. 4. Chief Executive Officer Janpad Panchayat Pandariya, Distt. Kabirdham, Chhattisgarh. 5. Sarpanch Of Gram Panchayat Malkachhara Janpad Panchayat Pandariya, Distt. Kabirdham, Chhattisgarh. 6. Secretary Of Gram Panchayat Malkachhara Janpad Panchayat Pandariya, Distt. Kabirdham, Chhattisgarh. ... Respondents (Cause title taken from Case Information System) For Petitioner : Mr. Lekhram Dhruw, Advocate. For State/Respondents No.1 to 3 : Mr. Abhishek Chand Gupta, P.L. Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 13/07/2026 1. Heard. 2. This petition has been preferred by petitioners under Article 226 of the Constitution of India seeking following reliefs:- “10.1 That, the Hon’ble Court may kindly be pleased to call for entire record pertaining to the case of the petitioner, in the interest of DEEPTI JHA Digitally signed by DEEPTI JHA 2 justice. 10.2 That, the Hon’ble Court may kindly be pleased to quash/set-aside the impugned eviction notice dated 21.05.2026 (Annexure- P/1) passed by the respondents No.5 & 6, in the interest of justice. 10.3 That, Hon’ble Court may kindly be pleased to impose penalty amount of Rs.5,00,000/- as compensation against the respondents No.5 & 6 for illegal demolishing the construction house of the petitioner, in the interest of justice. 10.4 That, the Hon’ble Court may kindly be pleased to respondents No.5 & 6 to reconstruct the house of the petitioner for residing at the earliest, in the interest of justice. 10.5 Any other relief, which the Hon’ble Court may deem fit and proper in the facts and circumstances of the case may also be granted in favour of the petitioner.” 3. Learned counsel for the petitioner seeks permission of this Court to withdraw this petition with liberty to file appropriate application before the concerned CEO Janpad Panchayat, Pandariya, District Kabirdham (C.G.) as well as CEO Zila Panchayat, Pandariya, District Kabirdham (C.G.) raising his grievances and in turn the concerned authorities may be directed to consider and decide the same in accordance with law. 4. Considering the aforesaid fact of the matter, he concerned authorities are directed to redress the grievance as raised by the petitioner that the house of the petitioner has been chosen for demolition, whereas the similarly situated persons, who have encroached upon the land of the Panchayat namely Lallu Pandram, Budhar Dhruve, Ghurau Singh Khusro, Dhansingh Marawi and Shiv Marawi, no notice have been issued to them and they are in still possession on the said land. As such necessary action be taken against all of them, while taking note on this, whether the concerned Gram Panchayat can 3 pass an appropriate order under Section 56(4) of the Panchayat Raj Adhiniyam, or not. 5. It is further directed that if the petitioner files such an application before the concerned authorities, within a period of 15 days from today, then concerned authorities shall consider and decide the same within a further period of 45 days. 6. With aforesaid observation and direction, this writ petition stands disposed of. 7. Interlocutory application(s), pending if any, also stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Deepti Jha