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2025 DAILYLAW 2663 (CHH)

BEDRAM BASOR v. STATE OF CHHATTISGARH

WPC/116/2025 · 2025-01-10

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:1606 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 116 of 2025 1 Bedram Basor S/o Raysen Aged About 27 Years R/o Ward No. 08, Cher Baikunthpur, District Koriya (C.G.). ... Petitioner(s) versus 1 State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur, District Raipur (C.G.). 2 Collector, Koriya District Koiya (C.G.). 3 Additional Collector, Baikunthpur, District Koiya (C.G.). 4 Sub Divisional Officer (Revenue), Baikunthpur, District Koiya (C.G.). 5 Tahsildar, Baikunthpur, District Koiya (C.G.). 6 Smt. Seema Agrawal W/o Sanjay Agarawal Aged About 48 Years R/o Ward No. 8, Opposite Gramin Bank, Main Road, Baikunthpur, District Koiya (C.G.). ... Respondent(s) 2 For Petitioner(s) : Shri Malay Shrivastava, Advocate For Respondent(s) / State : Shri Shreyansh Mehta, P.L. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 10/01/2025 Heard. 1. By the present writ petition the petitioner is seeking direction towards Respondents No. 1 to 5 not to interfere with the possession of the petitioner by raising construction over the land of the petitioner bearing khasra No. 276/3 situated at Village Cher, P.H. NO. 9, Tehsil Baikunthpur District Koriya. 2. Learned counsel for the petitioner referring to order dated 17.11.2022 passed in WPC NO. 4798 of 2022, would submit that earlier the petitioner has preferred a writ petition seeking similar relief which was disposed off with the following observation and direction :- “Be that as it may, considering the fact that the dispute raised by the petitioner is confined to the extent of the property which is owned by him that is the portion of the property that situates at Khasra No.276/3 in the aforementioned village, let the petitioner take appropriate steps for getting his property to the extent of the land which is now owned by him, be demarcated in accordance with the provision of the Chhattisgarh Land Revenue Code. Let an application in this regard be moved within a period of 3 7 days to the concerned authorities and upon such application being made the concerned Authorities, the concerned authorities after due verification and enquiry as is required under the provision of the Land Revenue Code, shall take an appropriate decision on the demarcation application within an outer limit of two months from the date of receipt of copy of this order.” 3. After the order of this Court in WPC No. 4798 of 2022, the petitioner moved application for demarcation of the land in question by referring the order of the High court, however, till date no demarcation proceedings has been drawn by the Tehsildar and again the respondents are proceeding for construction of office of Superintendent of Police in Khasra No. 276/3 in part of land before Khasra No. 276/1. Hence, the construction work can only be done, if demarcation of the land in question as directed by this Hon’ble court in WPC NO. 4796 of 2022 is done. 4. Learned State counsel would submit that though the demarcation has not been conducted as directed in WPC NO. 4798 of 2022, the same will be done within a period of 30 days from today. 5. I have heard learned counsel for the parties and perused the order of this court in WPC No. 4798 of 2022. 6. Perusal of the order of WPC NO. 4798 of 2022, shows that similar grievance was raised in the writ petition WPC 4798/2022 wherein this Court has directed the petitioner to move an application for demarcation of his land within a period of 7 days before the concerned authorities and upon such application being made the 4 concerned authorities after due verification and enquiry as is required under the provision of the Land Revenue Code, shall take an appropriate decision on the demarcation application with an outer limit of two months from the date of receipt of copy of this order. In the said order of this Court, it was also directed that no part of the property that situates in Khasra No. 276/3 to the extent that is now left with the petitioner shall be interfered with as no demarcation has been conducted till date. 7. Considering the same, it is directed that Collector, Koriya shall demarcate the land in question as directed in the earlier order of this Court in WPC NO. 4798 of 2022 and then only the construction work shall be proceeded for the Office of Superintendent of Police without interfering with the land which is allotted to the petitioner i.e. Khasra No. 276/3. 8. Accordingly, the petition stands disposed off. Sd/- (Bibhu Datta Guru) JUDGE Jyoti