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2026:CGHC:17358-DB MANPREET KAUR NAFR

Digitally signed by MANPREET KAUR Date: 2026.04.17 13:46:37 +0530

HIGH COURT OF CHHATTISGARH AT BILASPUR WPPIL No. 19 of 2026

Heeraman Joshi S/o Late Parganiya Joshi Aged About 50 Years R/o Village Mendraka, P.S. Kurud, District Dhamtari Chhattisgarh

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Secretary Mines Department, Mantralaya Mahanadi Bhawan, Naya Raipur, District Raipur

Chhattisgarh

2 - Collector, Dhamtari District Dhamtari Chhattisgarh

3 - Tahsildar Tahsil Kurud District Dhamtari Chhattisgarh

4 - Sarpanch/ Secretary Of Gram Panchayat Mendraka P.S. Kurud, District Dhamtari Chhattisgarh

5 - Shalimar Corp. Ltd. Bhelwadih Abhanpur, Dc Abhanpur, Tahsil Abhanpur, District Dhamtari Chhattisgarh

6 - Project Director Project Implementation Unit - Abhanpur, National Highways Authority Of India Montfort Rhs Building Hh-30, Jhanki

Abhanpur, District Raipur Chhattisgarh ... Respondent(s)

For Petitioner(s) : Mr. Bharat Lal Sahu, Advocate For Respondent(s) : Mr. Praveen Das, Add. A.G. and Mr. Dhiraj

Kumar Wankhede with Ms. Samyak Singhai, Advocate

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Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge

Judgment on Board Per Ramesh Sinha , Chief Justice

16.04.2026

1. Heard Mr. Bharat Lal Sahu, learned counsel for petitioner as well

as Mr. Praveen Das, learned Additional Advocate General, appearing for the State/respondent as well as Mr. Dhiraj Kumar Wankhede with Ms. Samyak Singhai, learned counsel for

respondent No. 6/NHAI.

2. The present writ petition has been filed by the petitioner styled as

public interest litigation with the following prayers:

“(i) That, the Hon'ble Court may kindly be pleased to call for entire record from the respondent authorities, in

the interest of justice.

(ii) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities consider complaint of the petitioner and to recover amount of losses 1,45,000 Ghan-meter from the respondent no. 5 with interest

within stipulated time, in the interest of justice.

(iii) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to take appropriate legal action against the culprit responsible persons for

supporting of the alleged dug, in the interest of justice.

(iv) That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper

in the aforesaid facts and circumstances of the case.”

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3. Brief facts of the case are that the present writ petition has been

filed by the petitioner, a social worker and permanent resident as stated in the cause title, seeking a direction to the respondent authorities to consider and decide his pending complaints/ representations and to recover the loss caused to the State to the extent of 1,45,000 cubic-meter of soil gravel from the private respondent No. 5. The grievance of the petitioner arises from the fact that respondent No. 5 was granted permission upon payment of royalty amounting to Rs. 2,50,000/- for excavation of only 5,000 cubic-meter of soil/gravel (मि(cid:2)ሾኍ(cid:4)/गि(cid:6)ሾኍ(cid:4)) from land bearing Khasra No. 495 admeasuring 3.140 hectares situated at Village Mendraka, P.S.- Kurud, District-Dhamtari (C.G.) for the purpose of construction of Bharatmala Road. However, in gross violation of the said permission, the respondent No. 5 illegally excavated approximately 1,50,000 cubic-meter of soil gravel at multiple locations including Khasra Nos. 730, 646, 305 and 717, allegedly in connivance with respondent No. 4 (Sarpanch), without any Gram Sabha approval or due process of law, thereby causing substantial financial loss to the Government as well as serious environmental and agricultural harm to the villagers due to depletion of water levels. It is further submitted that despite repeated complaints and representations, supported by RTI information and proceedings before the learned Tahsildar indicating such illegal excavation and loss, the respondent authorit