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2025 DAILYLAW 18590 (CHH)

TERAS RAM KASHYAP v. STATE OF CHHATTISGARH

WPC/2068/2025 · 2025-04-28

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:19150 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2068 of 2025 1 - Teras Ram Kashyap S/o Khamhan Aged About 36 Years R/o Village- Dongakohround, Tahsil Pamgarh, District- Janjgir-Champa (C.G.). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mahanadi, Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.). 2 - Collector District Janjgir-Champa (C.G.). 3 - Tahsildar Pamgarh, District- Janjgir-Champa (C.G.). 4 - Revenue Inspector Pamgarh, District- Janjgir-Champa (C.G.). 5 - Patwari P.H.No.-9, Village- Dongakahroud, District- Janjgir-Champa (C.G.). ... Respondent(s) Digitally signed by RAGHVENDRA JAT 2 For Petitioner(s) : Mr. N.K. Chatterjee, Advocate. For Respondent(s)/State : Mr. Khulesh Sahu, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 28/04/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to issue appropriate writ, order, direction by directing the respondent authorities to get the land demarcated through proper method through the demarcation proceeding in the manner and procedure compliance be made in accordance with the rules and procedures contained in the land revenue Code under Section and the direction also be given to the concerned Tahsildar to direct the revenue inspector of said circile to ask the concerned Patwari to carry-out the demarcation proceeding as prayed by the petitioner by directing them by the method adopted by exercising Chanamunara and not measure it by med-to-med and also to direct the concerned Revenue Inspector to the call the nearest villager and to take the signature after 3 having been demarcated the land Khasra No.1843/1 and after the completion of demarcation proceeding, the signature of petitioner is made and the same may also be sent to the Tahsidar. 10.2 That, this Hon'ble Court may kindly be pleased to direct the Revenue Inspector and Halka Patwari to comply the order of the Tahsildar dated 16-01-2025 (Annexure P-4) relating to the demarcation of the land of petitioner. 10.3 Any appropriate writ, direction or order may also kindly be passed in favour of the petitioner, which this Hon'ble Court deems fit in the circumstances of the case.” 2. Learned counsel for the petitioner submits that though the petitioner has not filed an appropriate application but in some and substance, he is seeking demarcation of his land bearing Khasra No. 1843 along with adjoining land and for that a direction may be issued. 3. On the other hand, learned counsel for the State opposes the same. 4. I have heard learned counsel for the parties and perused the material available on recod. 5. Though, the application has not been filed in a proper manner but 4 considering the oral prayer made by the learned counsel for the petitioner, the concerned Tahsilar, Pamgarh, District- Janjgir- Champa is directed to consider the application and if required, the petitioner is allowed to file a proper application in respect of demarcation of land and, in turn, the concerned Tahsilar, Pamgarh, District- Janjgir- Champa is directed to consider the same and direct the Revenue Inspector as well as the Patwari to demarcate the land of the petitioner after giving due opportunity of hearing to all the concerned parties and after following the due process as envisaged under Section 129 of the Land Revenue Code. 6. The concerned Tahsildar, Pamgarh, District- Janjgir- Champa is directed to give notice to all the concerned parties and due opportunity of hearing is required to be given to all the concerned parties and to pass appropriate orders within a period of 45 days from the production of copy of this order. 7. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat