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Digitally

signed

by 2026:CGHC:22485

SHAYNA

KADRI

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPC No. 2436 of 2026

1 - Shivshankar Pathak S/o Lt. Shri Rameshwar Prasad Pathak Aged

About 76 Years R/o Ganj Para, Bans Taal, Behind Deshbandhu, Station

Road, District Raipur Chhattisgarh

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Its Secretary Revenue And Disaster

Management Department 1-13, Mahanadi Bhawan, Atal Nagar, Nava

Raipur, District Raipur Chhattisgarh

2 - Collector District Bemetara, Chhattisgarh

3 - Tahsildar Berla District Bemetara Chhattisgarh

4 - Shivdayal Pathak S/o Rameshwar Pathak Aged About 80 Years R/o

Village Khamahariya, Tehsil Berla, District Bemetara Chhattisgarh

... Respondent(s)

(Cause Title is taken from CIS System)

For Petitioner : Mr. Anumeh Shrivastava, Advocate

For State : Mr. S. S. Choubey, Government Advocate

2

Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

13/05/2026

1. The petitioner has filed this writ petition seeking following reliefs:

“10.1 Issue an appropriate

writ/order/direction to quash and set

aside the impugned demarcation report

dated 13.04.2026 (Annexure P/1) and

the related proceedings of Case No.

202604231200002/A/12 Year 2025-26;

and/or

10.2 Issue an appropriate

writ/order/direction to the Respondent

No. 3 (Tehsildar) to act in accordance

with law and only proceed after

deciding the pending objections within a

stipulated time frame; and/or.

10.3 Pass any other order(s) as this

Hon'ble Court may deem fit and proper

in the interest of justice.

2. Facts of the case, as projected, are that the petitioner has filed the

present writ petition contending that he is in lawful possession and

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occupation of the subject land bearing Kh. No. 595/3 situated at

Village Khamariya (M), Tahsil Berla, District Bemetara (C.G.). The

petitioner submits that he is directly affected by the demarcation

proceedings initiated by the respondent authorities. It is averred

that earlier demarcation proceedings were conducted after due

notice to all concerned parties and a demarcation report dated

01.07.2024 was prepared in favour of the petitioner.

Subsequently, on an application moved by one Shiv Dayal

Pathak, the Revenue Inspector issued notice dated 28.05.2025

for fresh demarcation proceedings. The petitioner immediately

submitted objections and representations dated 30.05.2025,

06.06.2025 and 17.06.2025 before the competent authorities

pointing out various irregularities and illegality in the proposed

proceedings. The petitioner further submits that despite

pendency of objections and revision proceedings under Section

50 of the Chhattisgarh Land Revenue Code before the Collector,

the respondent authorities proceeded with demarcation by issuing

repeated notices and constituting demarcation teams. It is also

alleged that notices were issued through paper publication and

affixture instead of proper personal service. The record further

reflects that W.P. No. 4516/2025 preferred by Shiv Dayal Pathak

was disposed of directing the authorities to decide the

applications expeditiously and thereafter, in Review Petition No.

46/2026, this Court modified the earlier order and directed that the

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objections raised by the present petitioner be considered before

proceeding further in the matter. The grievance of the petitioner is

that despite the aforesaid directions, the Tahsildar proceeded with

the demarcation proceedings in haste, without granting effective

opportunity of hearing to the petitioner and ultimately passed the

impugned demarcation report dated 13.04.2026. It is further

contended that multiple demarcation cases in respect of the same

land have been initiated causing serious prejudice and multiplicity

of litigation.

3. Learned counsel for the petitioner submits that the entire

demarcation proceedings have been conducted in gross violation

of principles of natural justice and contrary to the directions issued

earlier by this Court in Review Petition No. 46/2026. It is argued

that though several objections and representations