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2025 DAILYLAW 33202 (CHH)

SANTOSH KUMAR TOPPO v. STATE OF CHHATTISGARH

WPC/3837/2025 · 2025-07-22

Shri Arvind Kumar Verma

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Judgment text

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1 2025:CGHC:35344 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3837 of 2025 Santosh Kumar Toppo S/o Shri Sylvester Toppo Aged About 46 Years Represented Through Power Of Attorney Holder Sylvester Toppo S/o Late Shri Benedict Toppo Aged About 71 Years Both Petitioner And Power Of Attorney Holder R/o M.I.G. 540 Padmanabhpur Durg, District - Durg (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Revenue And Disaster Management Department, Raipur District - Raipur (C.G.) 2 - Collector Rajnandgaon District - Rajnandgaon (C.G.) 3 - Tehsildar Tehsil Rajnandgaon District - Rajnandgaon (C.G.) 4 - Naib Tehsildar Rajnandgaon District - Rajnandgaon (C.G.) 5 - Patwari Halka No. 64 Rajnandgaon District - Rajnandgaon (C.G.) 6 - Sub Divisional Officer Water Resources Department Sakra Basin Rajnandgaon District - Rajnandgaon (C.G.) 7 - Sub Divisional Officer Water Resources Department Somni Canal Rajnandgaon District - Rajnandgaon (C.G.) 8 - Ramdular Sahu S/o Ganpat Sahu R/o Village Somni Rajnandgaon District - Rajnandgaon (C.G.) 9 - Ramesh Sahu S/o Ganpat Sahu R/o Village Somni Rajnandgaon District - Rajnandgaon (C.G.) VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.07.23 18:02:14 +0530 2 10 - Narayan Sahu S/o Ganpat Sahu R/o Village Momni Rajnandgaon District - Rajnandgaon (C.G.) 11 - Dinesh Kumar Shah S/o Jetha Lal Shah Aged About 69 Years R/o M.I.G. 04, Padmanabhpur In Front Of Housing Board Office Ward No. 43 Durg District - Durg (C.G.) ---- Respondents For Petitioner : Mr. Saket Pandey, Advocate For State : Mr. Saumitra Kesharwani, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 23/07/2025 Heard. 1. The petitioner has been filed this writ petition on the following relief(s) : “10.1 That, the Hon'ble Court may kindly be pleased to call dated for to application records pertaining 21/11/2024 preferred by the petitioner, in the interest of justice. 10.2. That the Hon'ble Court may kindly be pleased to direct the respondent authority no. 03 to 05, to demarcate the land owned by the petitioner and decide the application dated 21/11/2024 preferred by the petitioner for demarcation, in the interest of justice. 10.3. That, any other relief, which this Hon'ble Court may deemed just and fit in facts and circumstances of the case.” 3 2. Learned counsel for the petitioner contended that the petitioner is the owner of land situated in village Somni, Patwari Halka Number 64, Khasra Number 325/1, 325/3 and 325/4 area admeasuring respectively 0.02 Dismil/ 0.009 Hectare, 0.06 Dismil/ 0.024 Hectare and 0.10 Dismil/0.040 hectare, Revenue Inspection Board Rajnandgaon 1, Tehsil and District Rajnandgaon (C.G.) vide sale deed of 30.10.1998. The land owners of the four boundaries adjacent to the land owned by the petitioner have started raising boundary disputes and right to way of petitioner is hindered. The petitioner through his power of Attorney has preferred the application under Section 129 of the Chhattisgarh Land Revenue Code, 1959, but still after passing of several months the application preferred by the petitioner is not paid any heed by the concerned authority. 3. Learned counsel for State contended that the concerned authority is ready to decide the application made by the petitioner Annexure P-4. 4. I have heard learned counsel for the parties and perused the record with utmost circumspection. 5. Considering the facts and circumstances of the case and submission made by learned counsel for the parties, at this stage this writ petition is disposed of with a direction to respondents No.3 & 4 to consider and decide the application made by the petitioner on 21.11.2024 under Section 129 of the Chhattisgarh Land Revenue Code, 1959 (Annexure P-4), expeditiously preferably within a period of ‘90 days’ from today 4 and demarcate the land of the petitioner in his presence with his all concerns, as per rules, regulations and law. 6. Accordingly, the instant petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant