1 2026:CGHC:18881 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1959 of 2026 Rameshwar Prasad Yadav S/o Late Damrudhar Prasad Yadav Aged About 60 Years R/o Village- Tukupakhana, Tehsil- Pathalgaon, District- Jashpur (C.G.). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue Department Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 2 -Collector Jashpur, District- Jashpur (C.G.) 3 - Sub Divisional Officer (Revenue) Pathalgaon District- Jashpur (C.G.) 4 - Additional Tahsildar (Revenue), Pathalgaon, District- Jashpur (C.G.) 5 - Garib Sai Bada Sarpanch, Gram Panchayat Raghunathpur, Tahsil- Pathalgaon, District- Jashpur (C.G.). ... Respondents ------------------------------------------------------------------------------------------------- For the Petitioner : Mr. JK Saxena, Advocate. For Respondent/State : Mr. SS Choubey, Dy. GA ------------------------------------------------------------------------------------------------- Hon'ble Mr. Amitendra Kishore Prasad, Judge Order on Board 24.04.2026 1. Petitioner has filed this petition under Article 226 of the Constitution of India with following reliefs: 2 “10. RELIEF SOUGHT: 10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records in relates to the case of the petitioner from the possession of respondents for its kind perusal. 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, order or direction, particularly in the nature of Mandamus, directing the Respondent authorities to forthwith restrain and stop the illegal construction of Anganwadi Centre being carried out by the private Respondent over the Petitioner's land bearing Khasra No. 49/2, situated at Village Tukupakhna, Tahsil Pathalgaon, District Jashpur (C.G.). 10.3 That, this Hon'ble Court may further be pleased to direct the Respondent authorities to conduct an immediate spot inspection and to take appropriate action on the Petitioner's application dated 24.02.2026 pending before the Additional Tehsildar, Pathalgaon within a stipulated time frame. 10.4 That, this Hon'ble Court may further be pleased to direct the Respondents to protect the peaceful possession and ownership rights of the Petitioner over the said land and to prevent any unlawful interference by the private Respondent. 10.5 That, this Hon'ble Court may further be pleased to grant interim relief by staying all further construction activities on the disputed land during the pendency of the present writ petition. 3 10.6 That, this Hon'ble Court may further be pleased to pass any other order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. 10.7 That, the Pass any other order(s) as this Hon'ble Court may deem fit and proper in the interest of justice.” 2. Learned counsel for the petitioner submits that the respondent/Gram Panchayat Raghunathpur is illegally and arbitrarily constructing the Anganwadi Centre/building upon the land of the petitioner; when an application has been moved by the petitioner before respondent No.4/Additional Tahsildar, the same has not been considered and decided, as such, petitioner has came up before this Court with aforesaid reliefs/prayer. 3. Learned counsel for the respondents/State opposes the submission of counsel for the petitioner. 4. Heard learned counsel for the respective parties and perused the writ petition including relevant documents. 5. Considering facts and circumstances of the case, nature of reliefs, submission advanced by counsel for the respective parties, particularly the fact that according to the petitioner, subject land is belonging to him, he has also placed on record Khasra Panchshala showing that land bearing Khasra No.49/2 admeasuring 1.368 hectares (3.38 acres), situated at Village Tukupakhna, Tahsil Pathalgaon, District Jashpur (C.G.), the instant petition is disposed of directing the concerned Tahsildar to consider and decide the 4 matter of the petitioner in accordance with relevant rules/law preferably within a period of ‘30 days’ from the date of receipt of copy of this order, after giving due opportunity of hearing and by passing a reasoned order. 6. Since, the Anganwadi centre/building is being constructed, hence, it is directed that further construction of Anganwadi centre/building shall remain stayed, till the decision of the concerned Tahsildar. CC as per rules. Sd/- (Amitendra Kishore Prasad) Judge J.