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2025 DAILYLAW 35156 (CHH)

SHASHI RATHI v. STATE OF CHHATTISGARH

WPC/3752/2025 · 2025-07-17

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:34105 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3752 of 2025 1 - Shashi Rathi Wd/o Late Prakash Chand Rathi Aged About 65 Years Through Power Of Attorney Holder Lalit Rathi S/o Late Prakash Chand Rathi Aged About 43 Years R/o C-41, Anandam World City Kachana, Raipur Tehsil And District - Raipur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur (C.G.) 2 - Collector Raipur District - Raipur (C.G.) 3 - Sub Divisional Officer Arang District - Raipur (C.G.) 4 - Tehsildar Mandir Hasaud District - Raipur (C.G.) ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Ankur Agrawal, Advocate For Respondent-State : Mr. Soumitra Kesharwani, P.L. Hon’ble Shri Arvind Kumar Verma Order on Board 18/07/2025 1. The present writ petition has been filed by the petitioner seeking following relief(s):- 10.1 That, this Hon’ble Court may kindly be issued an appropriate writ, order or direction, particularly in the nature of Mandamus, thereby directing the respondent revenue authorities to forthwith undertake and complete the demarcation of the petitioner’s land bearing Khasra No. 344, admeasuring 0.433 hectare, situated at village Baktara, patwari Halka No. 22, Digitally signed by JYOTI JHA Date: 2025.07.21 11:02:28 +0530 2 Revenue Circle Nigam Mandal Mandir Hasaud, Tehsil Arang, District Raipur, in accordance with the order dated 17.01.2023 passed by the learned Tehsildar, as affirmed by the order dated 08.09.2023 of the Additional Collector, Raipur; 10.2 That, this Hon’ble Court may kindly be pleased to grant and other relief or pass such other and further orders as may be deemed fit and proper in the facts and circumstances of the present case in the interest of justice. 2. Learned counsel for the petitioner submits that the only grievance of the petitioner is that the petitioner is recorded Bhumiswami (landowner) of the land bearing Khasra No. 344, admeasuring 0.433 hectares, situated at village Baktara, Patwari Halka No. 22, Revenue Circle Nigam Mandal Mandir Hasaud, Tehsil Aarang, District Raipur. 3. Learned counsel for further submits that the petitioner is aggrieved by the inaction of the respondent-authorities whereby they are not demarcating the land of the petitioner despite of the fact that on 17.01.2023 the Tehsildar of the Mandir Hasaud has passed the express order directing demarcation of land of the petitioner. Against the said order one Hemdas Jangade has preferred the revision before the Additional Collector District Raipur but the same has also been dismissed by virtue and effect of the order dated 08.09.2023, however demarcation of the land has not been carried, hence he prays for demarcation of the aforesaid land. 4. On the other hand, learned State Counsel submits that with regard to demarcation of land, if the petitioner would file an application for demarcation before the concerned authorities, his application would be considered and the authorities concerned will demarcate the land in accordance with law. 5. Given the submission made by the learned counsel for the parties, the present writ petition is disposed of with a direction to the petitioner to file an application before the concerned authorities with 20 days from the date of receipt of copy of this order and thereafter the concerned respondent-authorities including the Revenue Department of the State Government take necessary steps in 3 getting the property of the petitioner duly demarcated physically in the presence of the petitioner and all concerned persons under Section 129 of CG Land Revenue Code in accordance with law within an outer limit of 90 days from the date of application filed by the petitioner. 6. In view of above direction, the present writ petition is disposed of. 7. With the aforesaid observation(s), and direction(s) the instant petition is hereby disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti