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2025 Supreme(Online)(Chh) 8194
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Arvind Kumar Verma, J
Santosh Kumar Toppo – Appellant
Versus
State Of Chhattisgarh – Respondent
WPC No. 3837 of 2025
For the Appellants/Petitioners: Mr. Saket Pandey
For the Respondents: Mr. Saumitra Kesharwani, PL
Judicial discretion mandates timely resolution of land disputes to ensure justice.
Headnote:(A) Chhattisgarh Land Revenue Code, 1959 - Section 129 - Writ petition for demarcation of land - Petitioner contended ownership of land and raised boundary disputes with adjacent landowners - Respondents directed to decide the application for demarcation expeditiously within 90 days. (Paras 1-5)
(B) Judicial Discretion - Court's role in ensuring timely resolution of land disputes and adherence to procedural justice. (Paras 3-4)
Facts of the case:
Petitioner, through power of attorney, sought demarcation of land after adjacent landowners raised disputes affecting access.
Findings of Court:
The court directed concerned authorities to resolve the application within a specified timeframe.
Issues: The main issue was the delay in addressing the petitioner's application for land demarcation.
Ratio Decidendi: The court emphasized the need for timely decisions on land disputes to uphold justice.
Result: Petition disposed of with directions.
| Table of Content |
|---|
| 1. ownership and boundary disputes (Para 2) |
| 2. state's readiness to resolve applications (Para 3) |
| 3. judicial direction for timely resolution (Para 4) |
| 4. court's order for demarcation (Para 5) |
| 5. disposal of the petition (Para 6) |
Order on Board
23/07/2025 Heard.
1. The petitioner has been filed this writ petition on the following relief(s) :
“10.1 That, the Hon'ble Court may kindly be pleased to call dated for to application records pertaining 21/11/2024 preferred by the petitioner, in the interest of justice.
10.2. That the Hon'ble Court may kindly be pleased to direct the respondent authority no. 03 to 05, to demarcate the land owned by the petitioner and decide the application dated 21/11/2024 preferred by the petitioner for demarcation, in the interest of justice.
10.3. That, any other relief, which this Hon'ble Court may deemed just and fit in facts and circumstances of the case.”
2. Learned counsel for the petitioner contended that the petitioner is the owner of land situated in village Somni, Patwari Halka Number 64, Khasra Number 325/1, 325/3 and 325/4 area admeasuring respectively 0.02 Dismil/ 0.009 Hectare, 0.06 Dismil/ 0.024 Hectare and 0.10 Dismil/0.040 hectare, Revenue Inspection Board Rajnandgaon 1, Tehsil and District Rajnandgaon (C.G.) vide sale deed of 30.10.1998. The land owners of the four boundaries adjacent to the land owned by the petitioner have started raising boundary disputes and right to way of petitioner is hindered. The petitioner through his power of Attorney has preferred the application under Section 129 of the Chhattisgarh Land Revenue Code , 1959, but still after passing of several months the application preferred by the petitioner is not paid any heed by the concerned authority.
3. Learned counsel for State contended that the concerned authority is ready to decide the application made by the petitioner Annexure P-4.
4. I have heard learned counsel for the parties and perused the record with utmost circumspection.
5. Considering the facts and circumstances of the case and submission made by learned counsel for the parties, at this stage this writ petition is disposed of with a direction to respondents No.3 & 4 to consider and decide the application made by the petitioner on 21.11.2024 under Section 129 of the Chhattisgarh Land Revenue Code , 1959 (Annexure P-4), expeditiously preferably within a period of ‘90 days’ from today and demarcate the land of the petitioner in his presence with his all concerns, as per rules, regulations and law.
6. Accordingly, the instant petition is disposed of.
