1 CGHC010330482026 2026:CGHC:38047 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4388 of 2026 1 - Hemkumar Sahu S/o Late Punau Ram Sahu, Aged About 39 Years Occupation Agriculture, R/o Village Singhangarh, Tehsil Sahaspur Lohara, District- Kabirdham (C.G.) ... Petitioner Versus 1 - The State of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar (C.G.) 2 - The Collector Kabirdham, District Kabirdham (C.G.) 3 - The Sub-Divisional Officer (Revenue) Sahaspur Lohara, District Kabirdham (C.G.) 4 - The Tehsildar Janpad Panchayat Sahaspur Lohara, District Kabirdham (C.G.) 5 - Khilavan Sahu (Sarpanch, Gram Panchayat Singhangarh) S/o Phool Singh Sahu, R/o Village Singhangarh, Tehsil Sahaspur Lohara, District Kabirdham (C.G.) ... Respondents (Cause title is downloaded from CIS Periphery.) For Petitioner : Ms. Poulami Das, Advocate. For State : Mr. Shobhit Mishra, Dy. G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad RAVVA UTTEJ KUMAR RAJU Digitally signed by RAVVA UTTEJ KUMAR RAJU Date: 2026.08.25 16:12:17 +0530 2 Order on Board 25/08/2026 1. The petitioner has filed the instant petition for following reliefs:- “10.1lssue an appropriate writ/direction or order directing Respondent Nos. 2 and 3 to conclude the proceedings under Sections 36 and 40 of the Adhiniyam, 1993, pursuant to the representation dated 09.07.2026 and Gyapan dated 19.02.2026, and pass a reasoned and speaking order within 45 days; 10.2 Direct the competent authority to examine the legality of the selection of Khasra No. 225 in light of Condition No. 6 of the Work Order dated 12.09.2025, including compliance with the requisite Gram Sabha resolution and quorum, and take consequential action in accordance with law; 10.3 Direct an appropriate independent inquiry into the alleged irregularities in utilisation of 15th Finance Commission funds of Gram Panchayat Singhangarh, particularly in light of the representation dated 28.10.2025, and take consequential action in accordance with law;” 10.4 Direct the Respondents to ensure that the Petitioner is not subjected to any further social ostracization, intimidation, coercion and/or administrative harassment in connection with the complaints and proceedings against Respondent No. 5; 10.5 Direct the competent authority to consider and decide, in accordance with law, the question of disqualification under Section 36 and removal under Section 40 of the Adhiniyam, 1993, on the basis of the material available on record; and 10.6 Any other relief which this Hon'ble Court deems fit and proper be awarded in favor of the petitioner, including the cost of the petition.” 2. Learned counsel appearing for the petitioner submits that the land in question is being used by the concerned Gram Panchayat for dumping garbage, construction material and other waste material, thereby causing serious obstruction and inconvenience to the 3 petitioner. It is submitted that the petitioner has approached the concerned authorities by filing representations/applications, including the representation dated 09.07.2026, requesting removal of the garbage and construction material from the land in question; however, no effective action has been taken thereon till date. She further submits that the petitioner is ready and willing to abide by the determination of the competent revenue authority regarding the nature and status of the land. It is, however, submitted that the land in question is also being used as a Nistari way by the petitioner and other villagers for ingress and egress, and the dumping of garbage and construction material has obstructed the said passage. She, therefore, prays that the concerned revenue authorities may be directed to consider the petitioner's representation and take appropriate action, in accordance with law, for removal of the garbage and construction material and for ensuring that the common passage is not obstructed. 3. Learned counsel for the State opposes the submissions made on behalf of the petitioner and submits that the petitioner himself is an encroacher upon government land. It is further submitted that the Gram Panchayat has dumped the garbage and other material upon government land and, therefore, the grievance raised by the petitioner claiming the land to be her private property is not legally sustainable. 4. Having heard learned counsel for the parties and having considered the submissions advanced, this Court finds that the 4 controversy raised in the present petition essentially pertains to the nature and status of the land in question and the alleged dumping of garbage and construction material thereon. It is not in dispute that the petitioner has already submitted a representation/application before the concerned authorities on 09.07.2026. The petitioner has also raised a grievance that the land in question is being used as a Nistari way by him as well as other villagers and that the dumping of garbage and construction material has resulted in obstruction of the said passage. At this stage, this Court is not inclined to adjudicate upon the disputed question as to whether the land in question is the private land of the petitioner or government land, particularly when the said issue can appropriately be examined by the competent revenue authorities on the basis of the relevant revenue records and applicable provisions of law. Accordingly, the concerned Tahsildar as well as the Sub-Divisional Officer (Revenue), Sahaspur Lohara, District Kabirdham (C.G.), are directed to consider the representation/application dated 09.07.2026 submitted by the petitioner and verify the nature and status of the land in question. In case, upon verification of the relevant revenue records and after affording due opportunity to the concerned parties, it is found that the land in question is the private land of the petitioner, the competent authority shall take appropriate action, in accordance with law, with regard to the garbage and construction material allegedly dumped thereon. However, if the land is found to be 5 government land, the competent authorities shall take such appropriate action as may be warranted under law, including with regard to any unauthorized encroachment or obstruction, strictly in accordance with the applicable provisions. It is further directed that while examining the petitioner's grievance, the competent authorities shall also consider the specific submission regarding the Nistari way allegedly being used by the petitioner and other villagers and the obstruction caused by the accumulation of garbage and construction material, and shall take appropriate action in accordance with law so that no unlawful obstruction is caused to any legally permissible public/common passage. Needless to observe, this Court has not expressed any opinion on the merits of the rival claims of the parties, and the competent authorities shall take an independent decision strictly on the basis of the revenue records and applicable law. 5. With this observation and direction, this petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge U.K. Raju