Extracted from the PDF above. The PDF is authoritative.
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CGHC010256692023
2026:CGHC:31569
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3689 of 2023 1 - Dropadi Sahu W/o Hemant Kumar Aged About 32 Years R/o Village Khaira (K) , Tahsil
Kasdol,
District
:
Balodabazar-Bhathapara,
Chhattisgarh 2 - Hemant Kumar S/o Padumnath Aged About 38 Years R/o Village Khaira (K), Tahsil Kasdol, District : Balodabazar-Bhathapara, Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Collector, Baloda Bazar, District : Balodabazar- Bhathapara, Chhattisgarh 2 - Sub Divisional Officer (Rev) Kasdol, District Baloda Bazar - Bhatapara, Chhattisgarh. 3 - Tahsildar, Tahsil Kasdol, District : Balodabazar-Bhathapara, Chhattisgarh 4 - Gram Panchayat Khaira (K), Through Sarpanch , Tahsil Kasdol, District : Balodabazar-Bhathapara, Chhattisgarh 5 - Secretary, Gram Panchayat Khaira (K) Tahsil Kasdol, District : Balodabazar- Bhathapara, Chhattisgarh 6 - Smt. Usha Bai Sahu, Sarpanch, Gram Panchayat Khaira (K), Tahsil Kasdol, District : Balodabazar-Bhathapara, Chhattisgarh 7 - Gorelal Sahu S/o Ram Sagar, Aged About 55 Years Zila Panchayat Member, 8 - Khushi Lal Sahu S/o Ram Sagar Aged About 40 Years (Village President Sahu Samaj), 9 - Pradhuman Sahu S/o Echchha Ram Sahu, Aged About 35 Years (Village Secretary Sahu Samaj), 10 - Phulsai Sahu S/o Radheshyam Aged About 65 Years 11 - Devkumar Sahu S/o Radheshyam Aged About 46 Years AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.07.25 16:17:22 +0530
2 12 - Krishna Kumar Sahu S/o Gurudayal Sahu, Aged About 40 Years 13
- Brijlal
S/o
Chandulal
Aged
About
38
Years 14 - Gopal Sahu S/o Mela Ram Sahu Aged About 40 Years 15 - Kamal Sahu S/o Shri Ram Sahu Aged About 48 Years 16 - Mungelal Sahu S/o Shri Ram Sahu Aged About 50 Years 17 - Santosh Sahu S/o Rama Sahu Aged About 40 Years 18 - Ramkhelawan S/o Tulsiram Sahu Aged About 40 Years 19 - Uma Shankar Sahu S/o Tulsiram Sahu, Aged About 35 Years 20 - Rohit Sahu S/o Tulsiram Sahu Aged About 32 Years 21 - Pardeshi Sahu S/o Sammelal Sahu Aged About 45 Years 22 - Dhaneshwar S/o Janiram Sahu Aged About 40 Years 23 - Khuleshwar S/o Jhururam Aged About 65 Years Respondents Nos.7 to 23 are R/o Village Khaira (K), Tahsil Kasdol, District : Balodabazar-Bhathapara, Chhattisgarh
... Respondent(s) For Petitioner(s) : Shri Bharat Lal Sahu, Advocate. For State/respondent : Shri Shreyansh Mehta, PL.
Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board 23/07/2026
1. This Writ Petition has been filed for the following reliefs:- (i) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to grant compensation of Rs. 15,00,000/-and to impose and punish the private respondent gram panchayat to make construction of the house for living, in the interest of justice. (ii) That, this Hon'ble Court may kindly be pleased to direct the respondent no. 1 to take appropriate action against the respondent no. 4 to 23, in the interest of justice. 3 (iii) That, this Hon'ble Court may kindly be pleased to direct the private respondents no. 04 to 23 to return the illegal possession and kept all domestic items, kirana shop item, jewelry, silver, motorcycle, fridge, cooler, T.V. all educational certificate, bank passbook, pan cards, and cash amount of Rs. 50,000/- of the petitioners (details of the items mentioned in application dated 25.07.2023) of the petitioners within stipulated time in the interest of justice. (iv) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted. 2. Learned counsel for the petitioner submits that Petitioner No. 1 is the wife of Petitioner No. 2, and both the petitioners, along with their family members, have been residing in peaceful possession of the subject house, courtyard, and house land measuring 0.036 hectare out of Khasra No. 823/1K, having a total area of 33.889 hectares, situated at Village Khaira (K), Tahsil Kasdol, District Baloda Bazar-Bhatapara, Chhattisgarh, since the year 2015. The petitioners have also been running a small kirana shop and a ladies' tailoring business from the said house and courtyard without any objection or complaint from any person or authority. All of a sudden, Respondent Nos. 4 to 23 unlawfully came to the petitioners' house and illegally demolished the petitioners' residential house and courtyard without any lawful authority, without issuing any prior notice, and without following the due process of law. The said respondents also forcibly removed and took away the petitioners' household articles, kirana shop goods, jewellery, silver ornaments, motorcycle, refrigerator, cooler, television, educational certificates, bank passbooks, PAN cards, and cash amounting to Rs. 50,000/-, the details whereof are mentioned in the application dated 25.07.2023. While committing
4 the said illegal acts, the private respondents criminally intimidated the petitioners by threatening to kill them.
When the petitioners resisted the illegal demolition and removal of their belongings, the respondents assaulted the petitioners and their family members. Respondent Nos. 4 to 23 attacked Petitioner No. 1 with sticks, as a result of which the father and mother of Petitioner No. 2 sustained injuries on their heads, and Petitioner No. 1 also suffered injuries. Thereafter, the father of Petitioner No. 2 lodged a written report before Police Station Kasdol, District Baloda Bazar-Bhatapara, Chhattisgarh. On the basis of the said report, Crime No. 413/2023 was registered against some of the private respondents for offences punishable under Sections 147, 294, 506, 323, and 427 of the Indian Penal Code. After the aforesaid illegal demolition and forcible dispossession, the petitioners submitted several complaints and representations before the concerned police authorities as well as the Respondent Collector, seeking appropriate legal action against the private respondents and restoration of their demolished house and courtyard. However, despite repeated complaints and requests, no effective action has been taken by the authorities, compelling the petitioners to approach this Court. 3. Learned counsel for the State submits that as per direction of this Court vide
order dated 15.06.2026, an affidavit of Sub-Divisional Officer (Revenue), Kasdol, District Balodabazar, Bhatapara C.G. has been filed wherein it has been mentioned that a Panchnama proceedings was conducted by the Tehsildar, Kasdol on 26.08.2023 and the articles of the petitoners have been handed over to them. He submits that since grievance of the petitioners has already been rederessed, nothing remains for adjudication in this case.
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4. Learned counsel for the petitioner, at this stage, submits that other articles of the petitioners are still lying with the concerned authorities and not supplied to the petitioners, however, counsel for the petitioner could not dispute the fact that panchama dated 26.08.2023 reflects signature of Petitioner No.1 and articles were also handed over to the said petitioner according to the said panchnama. Learned counsel for the petitioner argues that apart from articles mentioned in the panchama there are other articles also which are lying with the authorities and the same are not mentioned in the panchanama
5. It appears that grievance of the petitioners has already been redressed as they have been handed over the articles vide panchnama dated 26.08.2023 (Annexure P/9), however, now the petitioner is raising grievance with respect to compensation and other articles which are disputed questions of facts and laws and cannot be adjudicated in this petition under Article 226 of the Constitution of India.
6. However, the petitioners are at liberty to file appropriate civil suit for compensation as well as for recovery of the said articles.
7. Accordingly, with the aforesaid observation/direction, this Writ Petition stands
disposed of. Sd/-
(Amitendra Kishore Prasad) Judge Avinash