2026:CGHC:17991 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2869 of 2021

1 - Gram Panchayat Chalta Through Sarpanch , Jamni Bai W/o Shri VISHAKHAGunu Ram, Aged About 55 Years, Sarpanch Gram Panchayat Chalta, BEOHAR Mainpath, Ambikapur , District Surguja Chhattisgarh., District : Surguja Digitally signed by VISHAKHA (Ambikapur), Chhattisgarh BEOHAR ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Secretary , Revenue And Disaster Management Department , Mahanadi Bhawan, New Mantralaya , Atal Nagar , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - The State Of Chhattisgarh Through Secretary, Agriculture Department Mahanadi Bhawan, New Mantralaya , Atal Nagar , District Raipur Chhattisgarh. 3 - The Collector Ambikapur , District Surguja Chhattisgarh. 4 - The Deputy Director Agriculture Department, Ambikapur , District Surguja Chhattisgarh. 5 - The Tahsildar Mainpath, District Surguja Chhattisgarh. 6 - Deputy Director Farm Manager Government Agricultural Farm, Chalta Sitapur District Surguja Chhattisgarh.

... Respondents (Cause-title taken from the Case Information System)

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For Petitioner :- Mr. Sunil Tripathi, Advocate For State :- Mr. Siddharth Sharma, P.L.

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SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order On Board

21.04.2026

1. By way of the present petition, the petitioner, Gram Panchayat Chalta through its Sarpanch, has called in question the legality and validity of the proceedings of Revenue Case No. 03A of 1996–1997 culminating in order dated 18.11.1996 passed by the Collector, Surguja, whereby the land recorded as Nistari/Gauchar land has been allotted in favour of the Agriculture Department.

2. The case of the petitioner is that the land in question is recorded as Nistar land (Gauchar land) meant for grazing of cattle and other common purposes of the villagers. It is contended that the Gram Panchayat had, at the relevant time, objected to the proposed transfer/diversion of the said land and had passed resolutions opposing such allotment. The Tahsildar, upon enquiry, also submitted a report stating that the land is being used for Nistar purposes and no alternative land is available. Despite the objections and without following the due procedure contemplated under the provisions of the C.G. Land Revenue Code, 1959, particularly Sections 236 and 237, the Collector passed the impugned order dated 18.11.1996 allotting the land to the Agriculture Department. The petitioner submits that no proper hearing was granted to the Gram Panchayat and the order was passed in violation of principles of natural justice.

3. Following reliefs have been prayed by way of this petition:-

“10.1 The Hon'ble court may kindly be pleased to call of records of the petitioners for its kind perusal.

10.2 The Hon'ble court may kindly be pleased to set-aside entire proceedings proceeded by the Collector Sarguja, through Revenue Case no. 03A of 1996/1997 (ANNEXURE P-1) With Order dated 18.11.1996 issued by the respondent no. 3 during culmination of the Proceedings of Revenue Case No. 03A of

1996/1997.

10.3 The Hon'ble court may kindly be pleased to direct the respondent authorities to provide an alternate land rather than the Nistari land of Gram Panchayat Chalta for their use.

10.4 Any other relief, which Hon'ble court deems fit and proper of the case, may be allowed.

10.5 Cost of the petition may also be allowed. ”

4. Learned counsel for the petitioner submits that the land in question is Gauchar land reserved for grazing of cattle and, therefore, cannot be diverted for any other purpose without strict compliance with the statutory provisions. It is argued that the mandatory provisions contained under Sections 236 and 237 of the C.G. Land Revenue Code, 1959 have not been followed in the present case. It is further submitted that the Gram Pan