Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:13608 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2004 of 2021 1 - Rajkumar Suryawanshi S/o Shri Ramayan Lal Suryawanshi Aged About 40 Years R/o Village Akaltari, Police Station Ratanpur, Tehsil And District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh.
... Petitioner versus 1 - State Of Chhattisgarh Through Collector, District Bilaspur Chhattisgarh.,
District
:
Bilaspur,
Chhattisgarh 2 - Sub Divisional Officer (Rev.) And Kota District Bilaspur Chhattisgarh., District
:
Bilaspur,
Chhattisgarh 3 - Tahsildar Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 4 - Naib Tahsildar Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur,
Chhattisgarh 5 - Revenue Inspector Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur,
Chhattisgarh 6 - Patwari Patwari Circle No. 9, R.I.C. Beltara, Tahsil Bilaspur, District Bilaspur
Chhattisgarh.,
District
:
Bilaspur,
Chhattisgarh 7 - Malikram S/o Dhursai Suryawanshi R/o Village Akaltari, Police Station Ratanpur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh. ---- Respondents For Petitioner : Shri Hemant Kumar Sahu, Advocate holding the brief of Shri Lavkush Kumar Sahu, Advocate. SMT NIRMALA RAO
-2- For Respondent/ State : Ms. Neelima Singh Thakur, P.L. For Respondent No.7 : Shri Pradeep Rajgir, Advocate. Hon'ble Shri Justice
Rakesh Mohan Pandey
Order on Board 21.03.2025
1. The petitioner has filed this petition seeking the following relief(s):-
“10.1 That the Hon’ble Court may kindly be pleased to issue a writ in the nature of mandamus directing the respondent authorities particularly the respondent No.5 & 6 to demarcate the land of petitioner strictly in accordance with Section 129 of C.G. Land Revenue Code and submit the same with boundary, Nazri Naksha/ Naksha of within stipulated period. 10.2 That, any other reliefs which this Hon’ble High Court deems fit and proper in the facts and circumstances of the case be also granted to the petitioner in the interest of justice.”
2.
Learned counsel for the petitioner would submit that the demarcation of Survey No.1734 situated at Mauja Akaltari, RIC Beltara, Bilaspur has not been conducted properly by the Revenue authorities. He would further submit that a direction may be issued to respondents No.5 & 6 to demarcate the land strictly in accordance with the provisions of Section 129 of the C.G. Land Revenue Code.
3. On the other hand, learned counsel appearing for respondent No.7 would submit that the demarcation was conducted and thereafter
3 respondent No.7 has raised the construction of a house on the subject property.
4.
Learned counsel for the State would submit that the order of demarcation or its report may be challenged by filing an appeal or revision before the superior authorities. However, the petitioner has filed this petition without challenging the demarcation report, therefore, the petition deserves to be dismissed.
5. I have heard learned counsel for the parties and perused the documents present on the record.
6. It appears that on the application made by the petitioner, the demarcation of land bearing Survey No.1734 was conducted on 15.6.2021 by the Revenue Authorities and a report was also prepared. The petitioner being dissatisfied with the demarcation report filed this petition seeking a direction to respondents No.5 & 6 to demarcate the land afresh, strictly in accordance with the provisions of Section 129 of the Chhattisgarh Land Revenue Code. If the petitioner is aggrieved with the procedure adopted by the Revenue Authorities for demarcation or its report, he should have challenged it before the Superior Revenue Authorities according to the provisions of the CG. Land Revenue Code. As contended by counsel for respondent No.7, respondent No.7 – Malikram has already raised a construction over the subject property. Therefore, in the opinion of this Court, no case is made
-4- out for interference.
7. Consequently, the present petition fails and is hereby dismissed. However, the petitioner would be at liberty to take recourse to law. Sd/-
(Rakesh Mohan Pandey)
Judge Nimmi