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2026 DAILYLAW 37458 (CHH)

GRAM PANCHAYAT NAGARNAAR v. MOHAMMED NASIR

REVP/301/2026 · 2026-09-24

Shri Naresh Kumar Chandravanshi, Shri Ravindra Kumar Agrawal

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Judgment text

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1 CGHC010339482026 2026:CGHC:41694-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 301 of 2026 Gram Panchayat Nagarnaar Through Its Sarpanch Shri Renu Baghel, Son Of Late Magru Baghel, Aged About 48 Years, Nagarnaar Tahsil Jagdalpur, District Bastar (C.G.) ... Petitioner versus 1 - Mohammed Nasir Son of Mohd. Basheer, Aged About 55 Years Resident Of Village Nagarnaar, Tahsil Jagdalpur, District Bastar, (C.G.) 2 - State Of Chhattisgarh Through Secretary, Home Affairs Department, Raipur, District Raipur Chhattisgarh 3 - The Director General of Police Raipur, District Raipur Chhattisgarh 4 - Inspector General of Police Bastar, District Bastar, Chhattisgarh 5 - Collector, Bastar, District Bastar, Chhattisgarh 6 - Superintendent of Police Bastar, District Bastar, Chhattisgarh 7 - Station House Officer Police Station Nagarnaar, Jagdalpur , District Bastar, Chhattisgarh 8 - Tehsildar, Jagdalpur , Bastar District Bastar, Chhattisgarh … Respondents For Petitioner : Ms. Nitisha Kotecha, Advocate appears on behalf of Mr. M.L. Sakat, Advocate For State/Respondents No.2 to 8 : Mr. D.R. Minj, Dy. AG 2 Hon’ble Shri Justice Naresh Kumar Chandravanshi, Judge Hon’ble Shri Justice Ravindra Kumar Agrawal, Judge Order on Board 25/09/2026 Heard. 1. On due consideration, the defaults raised by the Registry are waived. 2. This review petition has been preferred by the review petitioner for review/recall of order dated 22.04.2026 passed by this Court in WPCR No. 218 of 2026 (Mohammad Nasir Vs. State of Chhattisgarh & Ors.), whereby this Court has passed following order in Para-6 to 8, which are reproduced : “6.Upon consideration of the facts and circumstances of the case, and without expressing any opinion on the merits, this Court deems it appropriate to dispose of the present petition with a direction to the District Magistrate, Jagdalpur, District Bastar (C.G.), to consider and decide the grievance of the petitioner in accordance with law, after affording an opportunity of hearing to all concerned parties, if any, within a period of six weeks from the date of receipt of a certified copy of this order. 7. The petitioner is at liberty to place all relevant documents and representations before the competent authority, and the said authority shall pass a reasoned order in accordance with law. 8. Accordingly, the present petition stands disposed of with the aforesaid directions.” 3 3. Learned counsel for review petitioner would submit that respondent No.1 is constructing house over the land of Gram Panchayat and, therefore, petitioner/Gram Panchayat has been issued notice by the Collector in pursuance of order dated 22.04.2026 passed by this Court. She would further submit that said order has been obtained without impleading petitioner/Gram Panchayat, therefore, she prays for impugned order dated 22.04.2026 passed by this Court may be recalled. 4. Per contra, learned counsel for the State would submit that order dated 22.04.2026 was not passed by this Court on merits; rather, District Magistrate, Bastar is directed to consider and decide the grievance of petitioner. In compliance of that order of this Court, Nayab Tehsildar, Jagdalpur has issued notice. Thus, opportunity of hearing is being provided to applicant/Gram Panchayat. He would further submit that petitioner/Gram Panchayat is not a party in writ petition, and, therefore, the present review petition at its instance is not maintainable. 5. We have heard learned counsel for the parties and perused the material available on record. 6. Having considered that in writ petition, petitioner/Gram Panchayat was not a party, therefore, he has no locus to file review petition. Further in order dated 22.04.2026, this Court has not decided writ petition on merits; rather, only direction was issued to the concerned District Magistrate to decide grievance of the petitioner in accordance with law after affording an opportunity of hearing to all the concerned party. 7. In compliance of aforesaid order, Nayab Tehsildar has registered revenue case (Annexure P-3) and has issued notice to petitioner/Gram Panchayat. If 4 petitioner/Gram Panchayat has any issue, then it may raise its grievance before the concerned Nayab Tehsildar. Nothing has to be done by this Court as the issue is already under consideration before Revenue Court. Therefore, we do not find any good ground to review the order dated 22.04.2026 passed by this Court in WPCR No.218 of 2026 (Mohammad Nasir Vs. State of Chhattisgarh & Ors.). 8. Accordingly, the instant review petition is rejected. Sd/- Sd/- (Naresh Kumar Chandravanshi) (Ravindra Kumar Agrawal) Judge Judge Vasant