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2025 Supreme(Online)(CHH) 3987

2025:CGHC:16678 NAFR Digitally signed by VISHAKHA VISHAKHA BEOHAR BEOHAR Date:

2025.04.16 HIGH COURT OF CHHATTISGARH AT BILASPUR

10:57:21 +0530 WPC No. 1830 of 2025

1 - Ajay Rai S/o Late Gorelal Rai Aged About 48 Years R/o Purani Basti, Korba, Tahsil And Distt.- Korba (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through- Chief Secretary, Mantralaya, Naya Raipur, District Raipur (C.G.) 2 - Secretary Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur (C.G.)

3 - Collector, Korba District- Korba (C.G.) 4 - Sub Divisional Officer (R) Korba, District- Korba (C.G.) 5 - Revenue Inspector Korba-1, Tahsil, District - Korba (C.G.) 6 - Tahsildar, Korba District- Korba (C.G.) 7 - Senior Section Engineer (Works) South Eastern Central Railway, Korba, Distt.- Korba (C.G.)

8 - Patwari Patwari Halka No. 16, Tahsil- Korba, Distt. Korba (C.G.)

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

-----------------------------------------------------------------------------------------------

For Petitioner :- Ms. Rajni Soren, Advocate For State :- Mr. Satish Gupta, Govt. Advocate For respondent-Central Govt. :- Mr. Tushar Dhar Diwan, Advocate -----------------------------------------------------------------------------------------------

SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order On Board

09.04.2025

1. The petitioner is aggrieved for completion of the demarcation proceedings with respect to his land. The petitioner has submitted application dated 19.05.2022 for demarcation of Khasra No. 480/5 Area admeasuring 0.0810 hectare, P.H. No. 16, District Korba (C.G.) to Tahsildar, Tahsil - Korba (C.G.). The proceedings were initiated, however, demarcation proceedings have not been completed till date. Hence this petition.

2. The petitioner has filed the petition seeking following reliefs:-

“(i) Issue a writ of mandamus directing the respondent authorities to complete demarcation proceedings with respect to Khasra no. 480/5 Area 0.0810 hectare, Korba P.H. No. 16, District Korba (C.G.);

(ii) Direct the respondents to maintain status quo with respect to Khasra no. 480/5 Area 0.0810 hectare, Korba, P.H. No. 16, District Korba (C.G.), till the demarcation proceedings are completed;

(iii) Direct respondent No. 7 to stop any construction activities on Khasra No. 480/5 Area 0.0810 hectare, Korba, P.H. No. 16, District Korba (C.G.).”

3. Learned council for the petitioner submits that the petitioner has moved an application for demarcation of his land bearing Khasra No. 480/5 along with an affidavit, on which, the Tahsildar Korba has issued memo to the Revenue Inspector and the concerned Patwari Halka No.6 of Korba way-back on 31.05.2022, however, till date, the demarcation proceedings has not been completed.

4. Learned State counsel submits that the grievance of the petitioner would be considered and decided within short period.

5. I have heard learned counsel for the parties and perused the material available on record.

6. From perusal of the record, it appears that the application for demarcation has been filed way-back on 19.05.2022 along with an affidavit in which the Tahsildar Korba has directed the concerned Revenue Inspector and the Patwari Halka No. 16 of village Korba to complete the demarcation proceeding and thereafter, the Revenue Inspector has also fixed a date on 27.06.2022, however, the demarcation proceeding has not been done conducted and completed and it is pending for consideration.

7. Considering the aforesaid aspect, purely on the basis of submission made by counsel for the petitioner, the concerned Tahsildar i.e. Tahsildar, Korba – respondent No. 6 as well as respondents No. 3 & 4 six are directed to consider the application of the petitioner, which was filed on 19.05.2022 and conduct the demarcation proceeding and the report of the same shall be given to the petitioner. It is directed that the concerned competent respondent authority shall pass an appropriate order in respect of demarcation of the land which the petitioner has sought in his application, in accordance with law, within a period of 45 days from the date of this order.

8. It is made clear that before demarcation be done, the petitioner and the other adjoining neighbours are required to be noticed and said proceeding be done in accordance with law under Section 129 of the Chhattisgarh Land Revenue Code,1959. The concerned authorities are also directed to give opportunity of hearing to all the parties including respondent No.7.

9. With the aforesaid direction/observation, the present petition stands disposed of.

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