1 2026:CGHC:2519 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4247 of 2025 Jeevan Singh Agariya S/o Late Shri Manu Ram Agariya, Aged About 42 Years Resident Of Village - Rumkera, Post - Teram, Tehsil - Gharghoda, District - Raigarh (C.G. - 496111. ... Petitioner(s) versus 1. State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development, Mantralaya Mahanadi Bhawan, Atal Nagar, Naya Raipur (C.G.) – 492101. 2. Principal Secretary, Revenue And Disaster Management Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur (C.G.) – 492101. 3. Collector, District Raigarh District Raigarh, Chhattisgarh – 496001. 4. Chief Executive Officer, Zila Panchayat, Raigarh, District Raigarh (C.G.) 5. Chief Executive Officer, Janpad Panchayat Gharghoda, District Raigarh (C.G.) 6. Tehsildar, Tehsil - Gharghoda, District Raigarh (C.G.) 7. Sarpanch, Gram Panchayat - Rumkera, Post Teram, Tehsil Gharghoda, District Raigarh (C.G.) 8. Secretary, Gram Panchayat - Rumkera, Post Teram, Tehsil Gharghoda, District Raigarh (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Manish Nigam and Mr. Rahul Yadav, Advocate For Respondent(s) : Mr. Yogesh Channdra, Advocate For Respondent(s) : Mr. Anadi Sharma, Panel Lawyer For Respondent(s) : Ms. Priyanka Rai, Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board SANTOSH KUMAR SHARMA Digitally signed by SANTOSH KUMAR SHARMA Date: 2026.01.15 17:46:49 +0530 2 15/01/2026 1. The petitioner has filed this petition, alleging that the petitioner’s house which has been allotted to him under Mukhya Mantri Abadi Patta on 24.11.2017 for the land bearing khasra No. 176/21 area 289 Sq. at Village Rumkera, Tahsil Gharghoda, District Raigarh wherein the respondent No. 7 and 8 have illegally constructed Panchayat Bhawan which is prevented free movement of the petitioner which necessitated him to file this petition. 2. This Court vide order dated 08.08.2025 has directed for interim order and also directed to maintain status quo on the subject land. In pursuance of direction, construction of Community Center has been stopped. 3. Counsel for Respondent No. 7 and 8 is the main contesting party has filed the return denying the allegation made by the petitioner mainly contending that they a Community house is constructed near the house of the petitioner under Mukhya Mantri Abadi Patta. It has been further contended that there is other pathway is available on the south side of the petitioner’s house for excess, as such no fundamental right of the petitioner is being adversely effected. He place on record enquiry report along with Panchanama issued by Sub Engineer, Gram Panchayat Gharghoda on 29.07.2025 wherein it has been stated that the Community Center has been constructed on the government land and there is other pathway is available on the south side of the petitioner for his free movement, therefore, demand made by his is not considered, as such alternate mode is available to him, therefore, the writ petition is not maintainable and would pray for dismissal of the writ petition. 4. I have heard learned counsel for the petitioner perused the record. 3 5. Submission made by counsel for the petitioner that constructed is being carried out near the house of the petitioner and there is other pathway is available for free movement of the petitioner on the south side, as such no right of the petitioner is adversely being effected and there is disputed question of fact is involved in this case which cannot be adjudicate by this Court at this movement, therefore, the writ petition is not maintainable and is disposed of. However, the petitioner is at liberty to take appropriate civil remedy available to him under the law. It is made clear that this Court has not commented anything on the merit of the case. In the eventuality of filing of Civil Suit within 30 days from the date of receipt of the copy of the order, the interim order made effective till filing of the Civil Suit by the petitioner before the Civil Court. It is also made clear that if the Civil suit is not filed within 30 days from today then the interim order passed by this court stands vacated. 6. With this observation, the writ petition is disposed of. Sd/- (Narendra Kumar Vyas) Judge santosh