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Chattisgarh High Court
Chatur Singh vs State Of Chhattisgarh on 10 April, 2026
1
2026:CGHC:16606
Digitally
signed by
YOGESH
YOGESH TIWARI
TIWARI Date:
2026.04.10
18:23:14
NAFR
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 2030 of 2020
1 - Chatur Singh S/o Late Shobhi Ram Aged About 70 Years
Agriculturist, R/o Village - Gidhori, Tehsil - Kartala, Post - Dadarkala,
Dist. Korba
2 - Chopda Singh, S/o Shri Chatur Singh, Aged About 40 Years
Agriculturist, R/o Village - Gidhori, Tehsil - Kartala, Post Dadarkala, Dist.
Korba
3 - Ramesh Kumar S/o Shri Chatur Singh Aged About 42 Years
Agriculturist, R/o Village - Gidhori, Tehsil - Kartala, Post Dadarkala, Dist.
Korba
... Petitioners
versus
1 - State of Chhattisgarh Through Secretary, Department of Animal
Husbandry And Dairying, Atal Nagar, Naya Raipur (Chhattisgarh)
2 - The Collector, Korba, Dist. Korba (Chhattisgarh)
3 - The Chief Executive Officer, Janpad Panchayat, Kartala, Dist. Korba
(Chhattisgarh)
4 - The Sarpanch, Gram Panchayat, Gidhori, Dist. Korba (Chhattisgarh)
... Respondents
(Cause-title taken from Case Information System)
For Petitioners : Mr. B.P. Rao, Advocate on behalf of
Mr. Uttam Pandey, Advocate
For State/Respondents No.1 : Mr. Dilman Rati Minj, Deputy
and 2 Advocate General
For Respondents No.3 and 4 : Ms. Zainab Vanak, Advocate on
behalf of Mateen Siddiqui, Advocate
Hon'ble Shri Amitendra Kishore Prasad, Judge
Order on Board
10.04.2026
1 The petitioners have filed this writ petition with the following
relief(s):-
"10.1 That, the Hon'ble Court be pleased to
summon the entire record pertaining to this case
from the concerned office and to decide the
grievance of the Petitioner in the interest of
justice.
10.2 That, the Hon'ble Court be pleased to pass
an Order, directing the Respondents to
immediately stop the construction of Cow Shelter
of Village Gidhori in Kartala Tehsil of Korba
District, where the Petitioners are living and
cultivating since past 6-7 decades.
10.3 That, the Hon'ble Court be pleased to pass
another order, directing the Respondents to
remove all the so far work done in respect to
construction of Cow Shed/Gothan on the said
of Village Gidhori in Kartala Tehsil of Korba
District.
10.4 That, any other relief if deem fit, proper and
appropriate may also be passed in the interest of
justice."
2 Learned counsel for the petitioners submits that the petitioners
and their forefathers have been in continuous, peaceful and
uninterrupted occupation of the subject land bearing Khasra No.
1140, admeasuring 8.694 hectares, situated in Village Gidhori,
P.H. No. 21, Tehsil Kartala, District Korba, for the last 6-7
decades. It is contended that although the land is recorded as
Government waste land, the same has long been under the
possession and use of the petitioners, who have been cultivating
paddy crops thereon and have also constructed residential
houses, thereby establishing settled possession over the said
land. It is further submitted that under the State Government's
scheme namely Narwa, Garuwa, Ghuruwa & Badi, particularly
under the component "Garuwa", a proposal was made to
construct Gothan/Cow Shelters in villages by utilizing excess and
undisputed land available with the Gram Panchayat. However, in
the present case, the respondent No. 3 - Sarpanch of Gram
Panchayat, without properly verifying the factual possession and
nature of the land, has erroneously identified the subject land,
which is neither vacant nor undisputed, but is in actual possession
of the petitioners.
3 Learned counsel submits that acting upon such recommendation,
the respondents have commenced construction activities over the
said land, including fencing and dumping of construction
materials, thereby interfering with the peaceful possession of the
petitioners. It is contended that such action is arbitrary, illegal and
in violation of the petitioners' rights, particularly when the land in
question is under cultivation and the standing paddy crop is likely
to be adversely affected. It is also submitted that immediately
upon gaining knowledge of the said activities, petitioner No. 1
submitted representations dated 13.08.2020 and 17.08.2020
before the competent authorities, requesting them to restrain from
proceeding with the construction of the Gothan/Cow Shelter on
the said land. However, despite such representations, no action
has been taken by the authorities and the construction work is
being continued, compelling the petitioners to approach this Court
seeking appropriate relief.
4 On the other hand, learned State counsel submits that the Gothan
Scheme, which was introduced during the tenure of the previous
Government, has now been discontinued. It is, therefore,
contended that no further construction activity is being carried out
pursuant to the said scheme and the very basis of the grievance
raised in the present petition no longer survives.
5 Considering the submissions advanced by learned counsel for the
petitioners, and in view of the stand taken by the State that the
scheme in question has already been discontinued, this Court is
of the opinion that the cause of action, as projected in the present
petition, does not subsist any further. Consequently, the instant
petition has been rendered infructuous.
6 Accordingly, the petition stands disposed of as having become
infructuous. However, it is made clear that if any surviving
grievance still remains, the petitioners shall be at liberty to avail
appropriate remedy in accordance with law.
Sd/-
(Amitendra Kishore Prasad)
Judge
Yogesh
