2026:CGHC:18502-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPPIL No. 96 of 2022 Manbhavan Singh Uike S/o Late Shri Lakhan Singh Aged About 37 Years R/o Ward No. 12, Nayapara, Churria,, District : Rajnandgaon, Chhattisgarh ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Nagariya Prashashan Mantralaya, Naya Raipur,, District : Raipur, Chhattisgarh

2 - Rajya Shahri Vikas Abhikaran Chhattisgarh Atal Nagar, Through Its Secretary, Atal Nagar, Naya Raipur,, District : Raipur, Chhattisgarh

3 - Collector, Rajnandgaon, Chhattisgarh

4 - Nagar Panchayat, Chhuria Through Its CMO, Churria, Rajnandgaon, District: Rajnandgaon, Chhattisgarh

5 - Smt. Rajkumari Sinha President Nagar Panchayat, Churria, Rajnandgaon, District : Rajnandgaon, Chhattisgarh ... Respondent(s)

(Cause Title Taken from Case Information System)

For Petitioner(s) : Mr. Jitendra Gupta and Mr. Deepak Kumar, Advocates.

For Respondent(s) No. 1&3 : Mr. Praveen Das, Additional Advocate General For Respondent No. 4 : Mr. Siddharth Dubey, Advocate.

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. Jitendra Gupta and Mr. Deepak Kumar, learned counsel for the petitioner. Also heard Mr. Praveen Das, learned Additional Advocate General for the State/respondents No. 1 & 3, and Mr. Siddharth Dubey, learned counsel for the respondent No. 4.

2. By this petition under Section 226 of the Constitution of India, the petitioner seeks for the following relief(s):

“(i) This Hon'ble Court may kindly be pleased to call for the entire record pertaining to the land encroachment of survey no.477 situated at village Churria, Rajnandgaon, C.G.

(ii) That, after perusal of record, this Hon'ble Court may kindly be pleased to issue an order of dismantling the entire shopping complex which has been constructed upon the Road, which is for public use.

(iii) This Hon'ble Court may kindly be pleased to command the respondent authorities to provide the record of Finances received from the State Government and State Bank of India.

(iv) This Hon'ble Court may kindly be pleased to initiate the process of recovery from the respondent authorities for misappropriation of the Government Funds.

(v) This Hon'ble Court may kindly be please initiate the proceedings in accordance with the provisions of Indian Penal Code against the Respondent Authorities for misappropriation of public money and also Civil proceedings may also be initiated against the Respondent authorities.

(vi) Any other relief which the Hon'ble Court deems fit under the facts and circumstances of the case may kindly be granted to the petitioner in public interest.”

3. The petitioner claims himself to be a farmer and a journalist involved in social service. According to the petitioner, the land bearing Survey No.477 area 5.91 acres situated at village Churria, Rajnandgaon, recorded as a road in the revenue records, which has been provided under Section 233 of the C.G Land Revenue Code, 1959 (for short, the Code) and the rules made their under, which provides a record of all unoccupied land in the village, shall be prepared in 3 parts namely:

PART-A: Showing land set apart for exercise of nistar rights PART-B: Showing lands available for disposal PART-C: Showing all lands other than those set apart for nistar or available for disposal.

4. According to Mr. Jitendra Gupta, learned counsel for the petitioner, Part-

A of the aforementioned rules includes all lands occupied by trees, forest, scrub, jungle, roads. Therefore, it is apparent that survey No.477 area 5.91 acres, recorded as a road cannot be provided as a land available for disposal or for any other purposes. Section 237, sub-clause (3) of the C.G Land Revenue Code, 1959 authorises the Collector to divert the purpose of unoccupied land only for the purpose of agriculture or abadi. The Respondent No.4, Nagar Panchayat, Churria, Rajnandgaon, moved an application before the Collector, Rajnan