1 2026:CGHC:15268 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1457 of 2026 Dammanu Mahendra Dora S/o Dayanidhi Dora Aged About 57 Years R/o 36, Gondpara Tikrapara P.O. Tikrapara District- Gariyaband Chhattisgarh- 493890 ... Petitioner versus 1 - State Of Chhattisgarh Through- The Collector, District- Gariyaband Chhattisgarh, 2 - Sub - Divisional Officer Tahsil Amlipadar Gariyaband District- Gariyaband Chhhattisgarh 3 - Tahsildar Tahsil Amlipadar Gariyaband District- Gariyaband Chhattisgarh, 4 - Indian Oil Corporation Limited Through Its Divisional Manager District- Gariyaband Chhattisgarh, 5 - Satyajeet Kumar Gupta S/o Nand Kishore Gupta Selected Dealer For Locl Petrol Pump Dhruwagudi, Khokhma District- Gariyaband Chhattisgarh, ... Respondents For Petitioner : Ms. Aashi Bhattacharya, Advocate For Respondents 1 to 3/State : Mr. Shreyansh Mehta, Panel Lawyer For Respondent No.4 : MR. Puranjay Bhatt, Advocate (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 02.4.2026 1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India, seeking following relief(s):- i. That this Hon'ble Court may kindly be pleased to issue an appropriate writ, order or direction, including a writ of mandamus, directing the respondents to examine and BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.04.06 11:03:41 +0530 2 verify the legality of the proposed establishment of a petrol pump by Respondent No.5 on land bearing Survey No. 274/11 situated at Village Khokhma, Tahsil Amlipadar, District Gariyaband (C.G.), particularly in light of the original classification of the said land in the revenue records of the year 1986 as " छोटी झाड़ी का जंगल". ii. That this Hon'ble Court may further be pleased to direct the respondent authorities to ensure strict compliance with the applicable laws, revenue records, and the governing guidelines relating to the grant of permission for construction of fuel stations before permitting establishment of the proposed petrol pump on the said land. iii. That this Hon'ble Court may kindly be pleased to declare that any permission or approval granted for establishment of the petrol pump on the said land, if found to be contrary to the original classification of the land and the applicable guidelines governing fuel stations, is illegal, arbitrary and liable to be set aside. iv. Any other relief or order which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case may also kindly be granted in the interest of justice. 2. Learned counsel appearing for the petitioner submits that respondent No.5 has been selected for allotment of retail petrol outlet through Indian Oil Corporation Ltd. and the proposed land for establishment of petrol pump bears Survey No.274/11, situated at village Khokhma, Tahsil Amlipadar, Distt. Gariyaband (CG). The old khasra number of said land was Survey No.72 in revenue records and same was recorded as Chhoti Jhadi ka Jungle, which indicates that the land was originally recorded as Forest Land/scrub land, as such, the land could not legally be transferred or utilized for private commercial purposes without lawful diversion and permission from the 3 competent authorities. Therefore, the petitioner submitted a written complaint before the Collector, Gariyaband on 22.01.2026. Subsequently when it was came into knowledge of the petitioner that the proposed land is a forest land, the petitioner filed application dated 17.02.2026 (Anenxure-P/4) before Upper Collector, Gariyaband, but the same has not been decided yet. Hence, it is prayed that this petition may be disposed of at this stage, directing Upper Collector/Collector, Gariyaband to decide application dated 17.02.2026 (Annexure-P/4) along with application dated 22.01.2026 and to take appropriate action within stipulated period. 3. Learned counsel for respondents have no objection if the above prayer of the petitioner is allowed. 4. Heard learned counsel for the parties and perused the material available on record. 5. Having considered the limited prayer of the petitioner, without entering into the merits of the case, this petition is disposed of at this stage, directing Upper Collector/Collector, Gariyaband to decide the application dated 17.02.2026 (Annexure-P/4) and application dated 22.01.2026 and to take appropriate steps in accordance with law, as early as possible, preferably within a period of 45 days from the date of receipt of a copy of this order. 6. With aforesaid observation and direction, this petition stands disposed of. 7. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Bini Judge