1 CGHC010107972023 2026:CGHC:37956 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1854 of 2023 1 - Govind Ram S/o. Biphu Ram, Aged About 56 Years All Belongs To Caste Gond, R/o. Nawadiha, Tahsil Lundra (Dhaurpur), District Surguja Chhattisgarh 2 - Hol Say, S/o. Biphu Ram, Aged About 58 Years All Belongs To Caste Gond, R/o. Nawadiha, Tahsil Lundra (Dhaurpur), District Surguja Chhattisgarh 3 - Kalam Say, S/o. Saudagar, Aged About 41 Years All Belongs To Caste Gond, R/o. Nawadiha, Tahsil Lundra (Dhaurpur), District Surguja Chhattisgarh 4 - Bhola Singh, S/o. Bali Chand, Aged About 60 Years R/o. Karauli, Tahsil Lundra (Dhaurpur), District Surguja Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Revenue Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh 2 - Collector, Ambikapur, District Surguja Chhattisgarh 3 - Sub Divisional Magistrate, Dhaurpur, District Surguja Chhatisgarh 4 - Tahsildar, Dhaurpur, District Surguja Chhatisgarh 5 - Station House Officer, Police Station Dhaurpur, District Surguja Chhattisgarh 6 - Gram Panchayat Agasi, Through Its Sarpanch, Tahsil Lundra, District Surguja Chhattisgarh 7 - Secretary, Gram Panchayat Agasi, Tahsil Lundra, District Surguja Chhattisgarh 2 8 - President, Janpad Panchayat Lundra, District Surguja Chhattisgarh. ... Respondents ------------------------------------------------------------------------------------------------- For the Petitioners : Mr. CJK Rao, Advocate. For the State : Mr. Soumitra Kesharwani, PL. ------------------------------------------------------------------------------------------------- Hon'ble Mr. Amitendra Kishore Prasad, Judge Order on Board 24.08.2026 1. This petition has been filed under Article 226 of the Constitution of India with following reliefs: “10. Relief(s) Sought: 10.1 That, Hon'ble Court may kindly be pleased to direct the respondent authorities not to construct garbage tank in the land having Khasra No. 42/1, 42/2, area 1.332 and 0.400 hectare at Village Nawadih, Tahsil Lundra. 10.2 That, Hon'ble Court may kindly be pleased to direct the respondent authorities to reserve the said land for the Gond Community as their worship place. 0.3 Any other relief which this Hon'ble Court deems fit and proper may also be passed in favour of the petitioner together with cost of the petition.’’ 2. Petitioners have filed the present writ petition challenging the illegal, arbitrary and mala fide action on the part of the respondent authorities, whereby the respondent authorities without following the provisions contained in the Chhattisgarh Panchayat (Management of Government Land) Rules, 1995 (for short, ‘the Rules of 1995’), have commenced construction of a garbage tank 3 over the land bearing Khasra Nos.42/1 and 42/2, admeasuring 1.332 hectares and 0.400 hectares, respectively, situated at Village Nawadih, Tahsil Lundra, however, said land has been utilized by the Gond Samaj for performing death-related rites for more than 80 years. The ancestral graveyard of the Gond Samaj is also situated over the said land and said land/place is also being utilized by the Gond Samaj for the observance of Sarna festivals. Hence, the present writ petition. 3. Learned counsel appearing for the petitioners submits that the concerned respondent authorities without following the provisions contained in the Rules of 1995, have commenced illegal encroachment over the land in question by undertaking construction of a garbage tank thereon, however, said land has been utilized by the Gond Samaj for their religious purposes since long. Hence, the petitioners have approached this Court seeking the aforesaid reliefs. 4. Learned State Counsel submits that the petitioners have not placed on record any document, material or evidence to demonstrate that the concerned Authority/Gram Panchayat is using the land in question for garbage purposes. He also contended that petitioners have no locus to claim or contend that land in question has been reserved for Gond Samaj for their religious purposes. Hence, at this stage, the present petition is premature. 5. Heard learned counsel for the parties and perused the writ petition, including the material and evidence available on record. 4 6. From perusal of pleadings of writ petition as well as documents available on record, it appears that only one-sided case has been placed before this Court and on the basis of one-sided plea raised by the petitioners, the issue in question cannot be adjudicated, hence, it would be appropriate to grant permission to the petitioners to file an appropriate application for redressal of their grievance before the concerned Authority. 7. Accordingly, the petitioners are permitted to file an appropriate application for redressal of their grievance before the concerned Collector and in-turn the Collector shall consider and decide the said application in accordance with law, as expeditiously as possible, after affording due opportunity of hearing to the petitioners as well as to the authorities of the concerned Gram Panchayat, including the concerned authorities of the State. 8. With the aforesaid observations and directions, the present writ petition stands disposed of. CC as per rules. Sd/- (Amitendra Kishore Prasad) Judge J.