Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 7072 (CHH)

MOHAMMAD NASIR v. STATE OF CHHATTISGARH

WPCR/218/2026 · 2026-04-21

Shri Ravindra Kumar Agrawal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:18298-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 218 of 2026 Mohammad Nasir S/o Mohammad Basir Aged About 55 Years R/o Village Nagarnaar, Jagdalpur, District Bastar, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Home Affairs Department, Raipur, District Raipur Chhattisgarh 2 - The Director General Of Police Raipur, District Raipur Chhattisgarh 3 - Inspector General Of Police Bastar, District Bastar, Chhattisgarh 4 - Collector, Bastar District Bastar, Chhattisgarh 5 - Superintendent Of Police Bastar, District Bastar Chhattisgarh 6 - Station House Officer Police Station Nagarnaar, Jagdalpur, District Bastar Chhattisgarh 7 - Tehsildar, Jagdalpur Bastar, District Bastar Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Ramasajiwan, Advocate For Respondent(s) : Ms. Anusha Naik, Dy. G.A. SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2026.04.23 15:49:01 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 22-04-2026 1. Heard Mr. Ramsajiwan, learned counsel for the petitioner. Also heard Ms. Anusha Naik, learned Dy. Govt. Advocate for the State/respondents. 2. By this petition under Article 226 of the Constitution of India, the petitioner seeks the following relief(s): “10.1. That, the Hon'ble Court may kindly call for records pertaining to case of petitioner, in the interest of justice. 10.2 That, the Hon'ble Court may kindly direct the respondent authorities to provide police protection to petitioner during his ongoing construction work of house and shop in land situated at Village Nagarnaar, Tehsil Jagdalpur, District Bastar (C.G.) at Khasra No. 1403/2, area 0.05 Hectare or 2,000 square foot, in the interest of justice. 10.3. That any other relief which this Hon'ble court may deem fit and just in the facts and circumstances of the case.” 3. The brief facts of the case are that the petitioner is a resident of Village Nagarnaar, Tehsil Jagdalpur, District Bastar (C.G.), is the 3 lawful lessee and recorded owner of land bearing Khasra No. 1403/2 admeasuring 0.05 hectare (2000 sq. ft.), allotted by the State Government vide order dated 22/02/2001. The said land was duly approved for residential and building purposes by the Gram Panchayat Nagarnaar on 25/04/2018. Thereafter, the Sarpanch certified on 30/06/2024 that the petitioner has been residing in the village for more than 35 years and has been running a grocery shop for over 30 years. Due to obstruction by certain villagers, the petitioner approached the revenue authorities, whereupon the Nayab Tehsildar, by order dated 18/01/2024, permitted the petitioner to undertake construction and allowed him to seek police protection. Subsequent reports of the revenue authorities also affirmed the petitioner’s lawful entitlement over the land. Further directions were issued on 02/12/2024 and 09/12/2024 by the Nayab Tehsildar to provide police protection and ensure vacant possession, along with letters dated 11/11/2024 and 18/11/2024 addressed to the Station House Officer, Police Station Nagarnaar. However, despite such orders, certain villagers continued to obstruct the construction, leading to issuance of a notice by the Gram Panchayat on 28/03/2025, though no adverse action followed. The petitioner repeatedly submitted representations and complaints to the authorities seeking protection and action, but no effective assistance was provided, and due to continued interference by some villagers, the petitioner 4 has been unable to carry on construction over his own land, giving rise to the present petition. 3. Learned counsel for the petitioner would submit that petitioner, being the lawful owner/lessee of the land, has every right to undertake construction, however, his work has been continuously obstructed by certain villagers. Aggrieved by such persistent interference, the petitioner approached the revenue authorities, pursuant to which the Nayab Tehsildar, by order dated 18/01/2024, expressly granted permission for construction and directed that police protection be provided. Thereafter, the revenue authorities also issued communications to the Station House Officer seeking necessary protection, yet no effective steps were taken. The petitioner further made representations to the police authorities, including letter dated 03/03/2024 to the Incharge, Police Station Nagarnaar, followed by representations dated 21/07/2025 to the Superintendent of Police, Jagdalpur, 24/11/2025 to the Collector, Jagdalpur, and again on 24/02/2026 to the Superintendent of Police, Jagdalpur, specifically seeking police protection to carry out construction work peacefully. However, despite such repeated requests and official directions, no police assistance has been provided to the petitioner, thereby causing grave prejudice and obstruction to his lawful rights. 5 4. Learned counsel for the State would submit that the authorities have acted in accordance with law and have duly considered the representations made by the petitioner from time to time. Necessary communications were issued by the competent revenue authorities to the concerned police officials regarding maintenance of law and order in the area. However, the situation involves a local dispute between private parties, and appropriate steps are being taken to ensure that peace and public order are not disturbed. The State authorities remain vigilant and undertake to take suitable action, in accordance with law, as and when any situation so warrants, including providing necessary assistance subject to assessment of ground realities. 5. We have heard learned counsel for the parties and perused the material annexed with the petition. 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. 6 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. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice sagrika