The court held that inaction by revenue authorities in deciding a pending application for land demarcation, especially after specific directions were already issued, is unacceptable and directed the disposal of the application within 60 days.

Digitally signed by VISHAKHA BEOHAR

Order On Board

1. By way of the present petition, the petitioner has approached this Court under Article 226 of the Constitution of India, being aggrieved by the inaction of the respondent authorities in not deciding the application for demarcation of land bearing Khasra Nos. 468/1-C and 468/1-E, situated at Village Baikunthpur, Tehsil Baikunthpur, District Koriya.

2. Facts of the case are that the petitioner claims to be the owner of land bearing Khasra Nos. 468/1-C and 468/1-E, admeasuring 0.809 and 0.583 hectares respectively, situated at Village Baikunthpur, Patwari Halka No. 8, Tehsil Baikunthpur, District Koriya (C.G.). It is submitted that the petitioner’s title over the said land has been affirmed by the competent Civil Court in Civil Suit No. 17-A/2019 vide judgment and decree dated 17.10.2019. The appeal preferred against the said judgment was also dismissed on 20.02.2020, and a second appeal is stated to be pending before this Court. The petitioner further submits that pursuant to the decree, the land has already been mutated in his name and the online numbering of the land has also been carried out in the revenue records. Thereafter, the petitioner filed an application dated 30.12.2019 before the Tehsildar, Baikunthpur under Section 129 of the C.G. Land Revenue Code , seeking demarcation of the aforesaid land to avoid any future dispute with adjoining landholders. The said application was initially rejected by the Tehsildar vide order dated 20.11.2020 on the ground that although numbering had been done in the online records, the same had not been reflected in the original revenue records/spot map. Subsequently, the Naib Tehsildar initiated proceedings for numbering of the land in the original records; however, the request for demarcation remained unaddressed. The petitioner thereafter approached higher authorities, including the Collector, Koriya, upon which the Tehsildar, Baikunthpur, vide order dated 22.02.2021 directed the concerned Revenue Inspector and Patwari to carry out necessary correction in the records and to conduct demarcation of the land. Despite the aforesaid direction, no action has been taken by the respondent authorities till date, and neither has the numbering been corrected in the original records nor has the demarcation been conducted. Being aggrieved by such inaction on the part of the respondent authorities, the petitioner has filed the present writ petition.

3. Following reliefs have been prayed by way of this petition:-

“10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to make necessary correction / maintenance of renumbering of the land of the petitioner in their Spot Map of the as well as their revenue records

4. 10.2 That this Hon'ble Court may kindly be pleased to direct the respondent authorities to conduct the demarcation of the land of the petitioner after renumbering the land in their own orginal sheets and Naksha/Map in accordance with law, within some stipulated period of time.

10.3 Any other relief (s) that this Hon'ble Court may deem fit to grant in the facts and circumstances of this case”

5. Learned counsel for the petitioner submits that the petitioner had filed an application for demarcation of the aforesaid land on 30.12.2019 before the competent authority, which is still pending consideration. It is further submitted that the Tehsildar, Baikunthpur,