Digitally signed YOGESH by YOGESH TIWARI TIWARI Date: 2025.05.01

11:00:20 +0530

1

2025:CGHC:19294 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2097 of 2025 Manohar Jethani S/o Lt. Dr. Variyal Das Jethani Aged About 57 Years R/o Jathani Niwas, Maruti Enclave, Near A.I.I.M.S. Hospital, Tatibandh, Raipur, District Raipur, Chhattisgarh.

... Petitioner versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhavan, Mantralaya, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh.

2 - The Collector District Durg, Chhattisgarh.

3 - The Tahsildar, Bhilai-3, Police Station Bhilai-3, District Durg, Chhattisgarh.

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

For Petitioner : Mr. Sachin Nidhi, Advocate For Respondents-State : Mr. Santosh Bharat, Govt. Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge

Order on Board

29.04.2025

1 Mr. Sachin Nidhi, learned counsel for the petitioner and Mr.

Santosh Bharat, learned Government Advocate, appearing for the State/respondents.

2 The instant petition has been filed by the petitioner with the following relief(s):-

“(i) That, this Hon'ble Court may kindly be pleased to call the entire records of the petitioner for the proper adjudication of the case, in the interest of justice.

(ii) That, this Hon'ble Court may kindly be pleased to direct the respondent no.03 to done the demarcation and mark the boundary of the land having khaara No.290/9 admeasuring area. 0.008 hectare present at Bhilai-3, P.H. No.04 (earlier point of time- P.H. No.01), District- Durg (C.g.) present in the name of petitioner as per section 127(1) and 129(1) of the Chhattisgarh land Revenue Code, 1959 in the interest of justice.

(iii) That, this Hon'ble Court may kindly be please to direct the respondent Authorities to done the aforesaid compliance of (ii) within a period of 30 days, in the interest of Justice.

(iv) Any other relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case be also granted.”

3 Learned counsel for the petitioner submits that an application for demarcation under Sections 127(1) and 129(1) of the Chhattisgarh Land Revenue Code, 1959 has been filed by the petitioner way back on 13.05.2015, however, nothing has been done and thereafter, when the petitioner enquired about the matter, he was told that his application is not found in the office of the Naib Tahsildar, Bhilai-3, District Durg and he was further directed to submit a new application. Thereafter, again on 14.01.2025, the petitioner has preferred the application before the Tahsildar, Bhilai- 3, District Durg, but the same has not been considered and decided till date, hence, a direction be issued to the concerned Tahsildar to decide his application within a considerable time frame.

4 On the other hand, learned State counsel submits that the application of the petitioner will be decided expeditiously.

5 I have heard learned counsel for the parties and perused the documents available with the writ petition.

6 Considering the overall facts and circumstances of the case, particularly the fact that the petitioner has been submitted an application way back on 13.05.2015 and after lapse of a period of 10 years, he was informed that his application is missing and a direction was given to file another application, which he was filed on 14.01.2025, which was also not considered by the respondent authorities, in the considered opinion of this Court, the concerned Tahsildar, Bhilai-3, District Durg is directed to decide the application filed by the petitioner for demarcation of the land in accordance with law after giving opportunity of hearing to all the parties including the petitioner while following the provisions contained in Sections 127(1) and 129(1) of the Chhattisgarh Land Revenue Code, 1959 within a period of 45 days from the date of production of certified copy of this order.

7 With the aforementioned observation/direction, instant writ petition stands disposed of.

Sd/- -

(Ami