2025:CGHC:57977 Digitally signed NAFR ALOK b S y H A A L R O M K A SHARMA Date:

2026.01.05

11:01:38 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 577 of 2017

1 - Bittulal S/o Hiraji, Aged About 52 Years R/o Village Chipawnad, Tahsil Kondagaon, District Kondagaon Chhattisgarh., Chhattisgarh ... Appellant(s)

versus

1 - Dharamdas Dewangan S/o Fotaku, Aged About 70 Years R/o Village Chipawnad, Tahsil Kondagaon, District Kondagaon Chhattisgarh. , Chhattisgarh

2 - State of Chhattisgarh, Through Collector Kondagaon, District Kondagaon Chhattisgarh., District : Kondagaon, Chhattisgarh ... Respondent(s)

For Petitioner(s) : Mr. Pravin Kumar Tulsyan, and Mr. Vikas Patel, Advocate.

For Respondent(s) : Mr. Aman Tamboli, Panel Lawyer.

Hon’ble Shri Justice Ravindra Kumar Agrawal, J.

Judgment on Board

28/11/2025

1. This is the second appeal filed by the defendant No. 1 under Section 100 of the Code of Civil Procedure 1908, against the impugned judgment and decree dated 07.07.2017 passed by learned District Judge, Kondagaon in Civil Appeal No. 3-A/2016, whereby the first appeal filed by the defendant No. 1 has been dismissed and the judgment and decree dated 20.07.2015 passed by learned Civil Judge Class-I, Kondagaon in Civil Suit No. 3-A/2012 is affirmed.

2. For the sake of convenience the status of the parties shown in the civil suit are being taken in the present appeal also.

3. The plaintiff had filed a civil suit for declaration of title, vacant possession and permanent injunction over the suit land Khasra No. 84/30 area 0.03 acre, abadi land, situated at village Chipawand, Tahsil and District Kondagaon. The plaintiff pleaded in the plaint that a lease was granted in his favour with respect to the suit land vide order dated 17.07.1997 by the State Government and he came in possession of the same. In the year 2004, the defendant No. 1 encroached his land and constructed a cattle shade there. In the year 2006 he erected rough wall and put his paddy stored there. When the plaintiff asked him to remove his construction from his land, the defendant No. 1 started altercation with him. The matter was reported to the Gram Panchayat and when Patwari was also called for its demarcation, the defendant No.1 exhorted them, therefore, demarcation could not be done. In the year 2012, he made an application to the Collector, Kondagaon and on the intervention of Collector a demarcation was done on 24.06.2012 with respect to the land of the plaintiff as well as the land of the defendant No. 1 and it was found that the defendant No. 1 had encroached the land of the plaintiff. He made an application for removal of the encroachment to the Tahsildar, Kondagaon. In the said proceeding an order was passed on 27.08.2012 holding that since the suit land consists of a construction of cattle shade surrounded by a wall, the jurisdiction to pass the order for possession is rest with the Civil Court and the plaintiff may approach before competent Civil Court to redress his grievances and then the present suit has been filed.

4. The defendant No.1 contested the claim of the plaintiff and filed his written statement and denied the pleadings and pleaded in written statement that he is not in possession of the plaintiff’s 3 dismil of land which has been allotted to him by lease on17.07.1997. He neither in possession of the plaintiff’s land nor constructed any house thereon. But he is in possession of his own 5 dismil of land since more than 30 years. He also stated that the revenue authorities have prepared an illegal demarcation report and produced it before the Tahsildar. The land in which the defendant No.1 is in possession, is not the land of the plaintiff, therefore, he is not entitled for any relief.

5. On the basis of the pleadings made by learned counsel for the parties, the learned trial Court has framed the following issues:

वा(cid:2)दप्रश्न

1. क्या(cid:2) वा(cid:2)द(cid:10) को(cid:12) ग्रा(cid:2)म चि(cid:16)पा(cid:2)वाण्ड, तहसी(cid:10)ल वा जिtiल(cid:2)-को(cid:12)ण्ड(cid:2)