WPC/5309/2022 of SMT. PUSHPA RAMTEKE Vs STATE OF CHHATTISGARH on 21 September 2026

1. The petitioner, in this Writ Petition, has prayed for the following reliefs:-

“A writ and/or an order in the nature of writ of appropriate nature do issue commanding and directing the respondents concerned to produce before this Hon'ble Court all the relevant records pertaining to the case of the petitioner for its kind perusal. B. A writ and/or an order in the nature of writ of appropriate nature of mandamus be issued directing the respondent authorities to take immediate steps of restoration/construction of the road on Village Hanuda P.H. 28, Khasra no. 760/4 760/5 area 0.550 0.100 Hect. respectively (Hanuda Bandhan to School of village Hanuda) after following the due process of law i.e. of acquisition of land etc. including the land of respondent no. 5 so that the petitioner may have free ingress and egress excess to their property in facts and circumstance of the case. C. Any other relief which this Hon'ble Court may deem fit in the facts & circumstances of case. D. Cost of the petition may also be awarded.”

2. Facts of the case in brief are that the petitioner purchased a plot ad measuring 2400 sq. ft. situated at Tehsil and District Durg vide sale deed dated 30.06.2016 and thereafter constructed a house thereon. The only approach road to the petitioner’s house was constructed by the respondent authorities under the Pradhan Mantri Gramin Sadak Yojana (PMGSY). Subsequently, in a civil suit concerning the land over which the road was constructed, the VII Additional District Judge, Durg, vide judgment and decree dated 22.03.2017, directed removal of the road construction. Pursuant thereto, the road has been blocked, causing obstruction to the petitioner’s access to her house. Hence, the present petition.

3. From relief as prayed for by the petitioner, it appears that the grievance of the petitioner relates to access to his property. The petitioner may avail the appropriate remedy by filing an application under Section 131 of the CG Land Revenue Code or by seeking appropriate relief in respect of his easementary right before the competent authority. The relief as sought for in the present petition cannot be granted. Accordingly, the petitioner is at liberty to file an appropriate application before the competent authority under the relevant provision of law. If the said application is filed within a period of 30 days from the date of receipt of a copy of this order, the concerned authority is directed to consider and decide the same in accordance with law, after affording due opportunity of hearing to the petitioner. It is made clear that this Court has not expressed any opinion on the merits of the case and it is upon the concerned authority to consider and decide the case in accordance with law. In the meantime, the respondents shall not take any coercive steps against the petitioner in relation to the use of the existing pathway for access to his house.

4. With the aforesaid observations and directions, the present petition stands disposed of.

Sd/- (Amitendra Kishore Prasad)

Judge

Priyanka