1 CGHC010278412026 2026:CGHC:32651 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3928 of 2026 1 - Rohit Das Mahant S/o Mr. Sajan Das Mahant Aged About 38 Years R/o Village Sapiya, Ward No. 19, Panika Society, Tehsil Adbhar, District Sakti (C.G.) 2 - Shanti Das Mahant S/o Late Bhola Das Mahant Aged About 25 Years R/o Village Sapiya, Ward No. 19, Panika Society, Tehsil Adbhar, District Sakti (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Capital Complex, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - The Collector Sakti, District Sakti (C.G.) 3 - The Superintendent Of Police Faguram, District Sakti (C.G.) 4 - Sub Divisional Officer (Revenue) District Sakti (C.G.) 5 – Tehsildar, Tehsil Adbhar, District Sakti (C.G.) 6 - Shri Gajendra Rathore S/o Late Chhedi Lal Rathore Aged About 29 Years R/o Village Sapiya, Ward No. 19, Panika Society, Tehsil Adbhar, District Sakti (C.G.) 7 - Shri Vijendra Rathore S/o Late Chhedi Lal Rathore Aged About 29 Years R/o Village Sapiya, Ward No. 19, Panika Society, Tehsil Adbhar, District Sakti (C.G.). ... Respondents ------------------------------------------------------------------------------------------------- For the Petitioners : Mr. Siddharth Tiwari, Advocate (through virtual mode) with Mr. Sandeep Patel, Advocate. For the State : Mr. Soumitra Kesharwani, PL. ------------------------------------------------------------------------------------------------- 2 Hon'ble Mr. Amitendra Kishore Prasad, Judge Order on Board 29.07.2026 1. This petition has been filed under Article 226 of the Constitution of India with following reliefs: “10. Relief(s) Sought: 1. That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions directing the Respondent Authorities (Respondents no. 1 to 5) to take necessary actions to remove illegal encroachment/obstruction created by Private Respondents (Respondent No. 6 & 7) so as to restore the said public path for free and unobstructed use by the Petitioners/residents of the village. 2. That, this Hon'ble Court may further kindly be a pleased to issue a writ/writs, order/orders, direction/directions directing the Respondent authorities (Respondents no. 1 to 5) to consider and decide the representations submitted by the Petitioners (Annexures P/1 to P / 6 ) by passing a reasoned and speaking order within a stipulated time period, and thereafter conduct proper demarcation of the land forming the common public path situated at the T-junction of Panika Society locality in Village Sapiya, Tehsil Adbhar, District Sakti, in accordance with the revenue records, 3) That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.’ 3 2. Learned counsel appearing for the petitioners submits that present writ petition has been instituted seeking a direction to the concerned respondent-authorities to consider and decide the petitioners' applications/representations pertaining to the alleged unauthorized possession/encroachment over a lane (गली). 3. Learned State Counsel submits that there are specific provisions under the law, in which, the application is required to be filed, however, petitioners have not filed any application as provided under Sections 131, 135 & 137 of the Chhattisgarh Land Revenue Code, 1959 (CGLRC). The petitioners have made a vague application and seeking a direction to the concerned respondents- authorities to pass an appropriate order on their applications/representations, which is not in accordance with the procedure established by law. 4. Heard learned counsel for the parties and perused the writ petition. 5. Upon due consideration of the prayer/reliefs sought in the present writ petition, this Court is afraid whether such a direction can be issued under Article 226 of the Constitution of India, unless and until there is specific provision which is to be exhausted by the petitioners, this Court cannot enter into the meticulous examination of the disputed facts and for that the petitioners have to approach before the concerned Authority by filing an appropriate application, which has not been by the petitioners and they have made a vague application seeking a simple direction to decide their applications/representations, which is not in accordance with law. 4 6. 4 6. Accordingly, the writ petition is hereby dismissed reserving liberty to the petitioners to file appropriate application before the concerned Authority which is applicable under the law. CC as per rules. Sd/- (Amitendra Kishore Prasad) Judge J.