1 2025:CGHC:33192 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3660 of 2025 1 - Balram Dewangan Son Of Shri Punaram Dewangan Aged About 52 Years R/o. Village Siltara, Post Semra, Tahsil Bhakhara, District Dhamtari (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Urban Development, New Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - The Collector District Dhamtari (C.G.) 3 - The Sub Divisional Officer (Rev.) Sub Division- Kurud, Distt Dhamtari (C.G.) 4 - The Tahsildar Tahsil Bhakhara, District Dhamtari (C.G.) 5 - The Chief Municipal Officer Nagar Panchayat- Bhakhara, District Dhamtari (C.G.) ... Respondent(s) For Petitioner(s) : Mr. A.N. Bhakta along with Mr. Vivek Bhakta, Advocate For Respondent(s) : Mr. Soumitra Kesharwani, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 16/07/2025 1. By way of this petition, the petitioner is praying for the following reliefs: “10.1 That, the Hon’ble Court may kindly be pleased to call for the entire records of the case from the authorities concerned for its kind perusal. 2 10.2 That, the Hon’ble Court may kindly pleased to direct the Respondent no. 4 to decide the application dated 31.05.2025 (Annexure P/1) filed under Section 129 of C.G. Land Revenue Code, 1959 and demarcate the abadi land in question bearing khasra no. 675/2, rakba 262.50 square meter presently situated in Ward No. 07, Nagar Panchayat Bhakhra, within stipulated period, in the interest of justice. 10.3 That, the Hon’ble Court may kindly be pleased to further direct the Respondent no. 4 to provide copy of the demarcation report of the land in question to the petitioner, in the interest of justice. 10.4 Any other relief, which this Hon’ble Court deems fit and proper be also awarded.” 2. Learned counsel for the petitioner submits that the instant petition is not preferred against any specific order but is seeking for a direction from this Hon’ble Court to the Respondent no. 4 to decide the demarcation application dated 31.05.2025 (Annexure P/1) filed under Section 129 of C.G. Land Revenue Code, 1959, regarding demarcation of land bearing Khasra No. 675/2 rakba 262.50 square meter (Abadi Land), earlier situated in Gram Panchayat Bhakhra, in pursuance to order dated 3 08.05.2025 (Annexure P/2) passed in WPC No. 2478/2025 by the Hon’ble High Court which is pending without any response. Moreover, copy of the application dated 31.05.2025 is also sent to the Sub- Divisional Officer (Revenue) Kurud and the SDO (Revenue) has already forwarded the application for necessary action to the respondent no. 4, despite that the demarcation application is still pending without any response. He further submits that the inaction on the part of respondent no. 4 in not deciding the demarcation application under Section 129 of C.G. Land Revenue Code, 1959, nor demarcated the land in question, i.e., 675/2, rakba 262.50 square meter, now situated in Ward No. 07, Nagar Panchayat Bhakhra, District- Dhamtari (C.G.) which violates Article 14 and 21 of the Constitution of India, and same is matter of judicial purview of this Hon’ble Court. 3. Learned State Counsel submits that the petitioner may be directed to file fresh application with all relevant documents and the authorities may be directed to decide the same. 4. Heard learned counsel for the respective parties and perused the record. 5. Considering the facts of the case and submission made by counsel for the respective respondents, at this stage, this writ petition is disposed of permitting to the petitioner to file a fresh representation/application under Section 129 of C.G. Land Revenue Code before the concerned Tahsildar for demarcation of the subject land and in turn the concerned Tahsildar is directed to consider and decide the same as per Section 129 of the C.G. Land Revenue Code and after giving opportunity of hearing to all concern, expeditiously preferably within an outer limit of ‘90 days’ 4 from the date of receipt of representation/application along with copy of this order, in accordance with relevant rules, regulations and law. 6. With the aforesaid observations & directions, the writ petition stands disposed of. Sd/- (Arvind Kumar Verma) JUDGE Madhurima