Kanta Prasad Nishad Vs State of Chhattisgarh — Writ and Judicial Review | Chhattisgarh HC (2026)

Kanta Prasad Nishad Vs State of Chhattisgarh — Writ and Judicial Review | Chhattisgarh HC (2026)

What the court decided

AI extract

Outcome

Direction to Respondent No.5 (Chief Executive Officer, Janpad Panchayat, Dhamtari) to decide the petitioner's application dated 06.10.2020 (Annexure P-2) as early as possible, preferably within 60 days from receipt/submission of a copy of the order; petitioner to submit copies of the order and of the application to Respondent No.5 within 15 days; pending interlocutory applications disposed of; no order as to costs.

Issue for consideration

Whether Respondent No.5/Chief Executive Officer, Janpad Panchayat, Dhamtari should be directed to decide the petitioner's pending application dated 06.10.2020 (Annexure P-2) concerning construction of the road through the village graveyard and related grievances against Gram Panchayat functionaries (Respondent Nos.8-18).

Court's answer

The writ petition is disposed of with a direction to Respondent No.5/Chief Executive Officer, Janpad Panchayat, Dhamtari, Distt. Dhamtari, to decide the petitioner's application dated 06.10.2020 (Annexure P-2).

Ratio / Principle

The application (Annexure P-2) is to be decided as early as possible, preferably within 60 days from the date of receipt/submission of a copy of this order.

Key takeaways

The petitioner is directed to submit a copy of this order along with a copy of the application (Annexure P-2) before Respondent No.5 within 15 days from the date of the order.ratio¶48
Pending interlocatory application(s), if any, also stand disposed of; no order as to costs.ratio¶50

Detailed headnote1 paragraphs

High Court of Chhattisgarh at Bilaspur (single bench, Naresh Kumar Chandravanshi, J.), WPC No. 3602 of 2021, Order on Board dated 05/05/2026 — Petitioner, a villager of Tirra (District Dhamtari) acting through authorised representation of villagers, complained that Gram Panchayat Tirra was constructing a road through the village graveyard under the Mahatma Gandhi National Rural Employment Guarantee Scheme allegedly against the Gram Panchayat's own approval, and sought (i) enquiry and action against Gram Panchayat functionaries (Respondent Nos.8-18, including the Sarpanch, her representative, husband, panches and advisers), (ii) stoppage of the construction, and (iii) costs. His earlier application dated 06.10.2020 (Annexure P-2) before Respondent No.5/CEO, Janpad Panchayat, Dhamtari was pending undecided. Counsel for Respondent Nos.4 & 5 stated that 35% of the graveyard-road construction had been completed before the petition was filed and was stopped thereafter, and undertook expeditious decision of Annexure P-2. The Court, considering the 'limited grievance', disposed of the writ petition directing Respondent No.5 to decide the application dated 06.10.2020 (Annexure P-2) as early as possible, preferably within 60 days from receipt/submission of a copy of the order, with the petitioner to submit copies of the order and application within 15 days; pending interlocutory applications disposed of; no order as to costs. Neutral citation as printed: 2026:CGHC:20938 (marked NAFR).

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2026:CGHC:20938

Digitally
signed by
RUKHSAR
RUKHSAR BANO
BANO Date:
2026.05.06
16:23:04
+0530

HIGH COURT OF CHHATTISGARH AT BILASPUR

NAFR

WPC No. 3602 of 2021

1 - Kanta Prasad Nishad S/o Late Shri Jagat Ram Nishad Aged About 43 Years (Through Authorised By Villagers Of Tirra), R/o Village Tirra, Post - Kolyari, P.S. Akladongri, Tehsil And District Dhamtari Chhattisgarh.

... Petitioner

versus

1 - State Of Chhattisgarh Through Secretary Of Revenue Department, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, Raipur Chhattisgarh.

2 - The Collector / District Programme Co -Ordinator, Dhamtari, District Dhamtari Chhattisgarh.

3 - Joint Commissioner Mnrega, Nawa Raipur, Atal Nagar, Raipur Chhattisgarh.

4 - Chief Executive Officer Jila Panchayat Dhamtari, District Dhamtari Chhattisgarh.

5 - Chief Executive Officer Janpad Panchayat, Dhamtari District Dhamtari Chhattisgarh.

6 - Sub Divisional Officer (Revenue) Dhamtari, District Dhamtari Chhattisgarh.

7 - Tahsildar Dhamtari District Dhamtari Chhattisgarh.

8 - Farida Begum Khan Sarpanch, Gram Panchayat Tirra, Dhamtari, District Dhamtari Chhattisgarh.

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9 - Harish Kumar Yadu (Representative Of Sarpanch) Gram Panchayat Tirra, Dhamtari, District Dhamtari, Chhattisgarh.

10 - Puranik Mandavi (Emergency Employment Assistant) Gram Panchayat Tirra, Dhamtari, District Dhamtari Chhattisgarh.

11 - Nasir Khan (Sarpanchs Husband) Gram Panchayat Tirra, Dhamtari, District Dhamtari Chhattisgarh.

12 - Nihkat Begum Khan (Panch) Gram Panchayat Tirra, Dhamtari, District Dhamtari Chhattisgarh.

13 - Salma Khan (Panch) Gram Panchayat Tirra, Dhamtari, District Dhamtari Chhattisgarh.

14 - Iliyas Khan (Panch) Gram Panchayat Tirra, Dhamtari, District Dhamtari Chhattisgarh.

15 - Halal Khor (Sarpanch's Adviser) Gram Panchayat Tirra, Dhamtari, District Dhamtari Chhattisgarh.

16 - Imran Khan (Patel Adviser) Gram Panchayat Tirra, Dhamtari, District Dhamtari Chhattisgarh.

17 - Rohidas Mandavi (Adviser) Gram Panchayat Tirra, Dhamtari, District Dhamtari Chhattisgarh.

18 - Pramod Nishad (Mate) Gram Panchayat Tirra, Dhamtari, District Dhamtari Chhattisgarh.

... Respondents

(Cause title, as taken from CIS system)

For Petitioner : Mr. D.N. Prajapati, Advocate For State-Res. Nos.1, 2, 6 & 7 : Ms. Vartika Shrivastava, Panel Lawyer. For Respondent Nos.4 & 5 : Mrs. Akanksha Verma Dabhadkar, Advocate

(Hon’ble Shri Justice Naresh Kumar Chandravanshi)

Order on Board

05/05/2026

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The petitioner has preferred instant petition under Article 226 of the

Constitution of India seeking following reliefs:-

“i. That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to conduct proper enquiry and take appropriate action against respondent nos.8 to 18.

ii. That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to stop the illegal construction of road in the disputed lands in order to maintain peace and tranquility between the communities.

iii. Cost of the petition may also be granted to the petitioner.

iv. Any other relief, as this Hon'ble Court deems fit and proper may also kindly be granted to the petitioner, in the interest of justice.”

Learned counsel for the petitioner submits that the Gram Panchayat Tirra is constructing road against its own approval, and the road was being constructed through the village graveyard under Mahatma Gandhi National Rural Employment Guarantee Scheme. He further submits that the petitioner and other villagers filed an application dated 06.10.2020 (Annexure P-2) before respondent No.5/Chief Executive Officer, Janpad Panchayat Dhamtari, District Dhamtari, but the same has not been decided yet. Hence, learned counsel submits that, at this stage, the present writ petition may be disposed of with a direction to respondent No.5 to decide the said application (Annexure P-2) filed by petitioner within a stipulated period.

In reply, learned counsel appearing for the respondent Nos. 4 & 5 submits that, prior to the filing of the instant petition, 35% of the

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construction of the road through the graveyard had been completed; however, after filing of the instant petition, the same has been stopped. She further submits that the application (Annexure P-2) filed by the petitioner shall be decided expeditiously in accordance with law.

Learned State counsel also supported the aforesaid contentions made by learned counsel for respondent Nos.4 & 5.

Heard learned counsel for both the parties and perused the material available on record.

Having considered the limited grievance of the petitioner and the submissions made by learned counsel for the parties, at this stage, the present writ petition is disposed of directing Respondent No.5/Chief Executive Officer, Janpad Panchayat Dhamtari, Distt. Dhamtari, to decide the application dated 06.10.2020 (Annexure P-2) filed by the petitioner as early as possible, preferably within a period of 60 days from the date of receipt/submission of a copy of this order. The petitioner is directed to submit a copy of this order along with a copy of the said application (Annexure P-2) before respondent No.5 within a period of 15 days from today.

With aforesaid observation and direction, this writ petition stands disposed of .

Pending interlocutory application(s), if any, also stands disposed of. No order as to cost(s).

(Naresh Kumar Chandravanshi)

Rukhsar