1 2025:CGHC:37482 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4023 of 2025 1 - Md. Suhail Ansari S/o Late Gulamrasul Ansari, Aged About 45 Years R/o House No. 118, Ojhapara, Ward No. 11, Nagar Panchayat Kusmi, P.S. And Tehsil Kusmi, Distt. Balrampur Ramanujganj (Chhattisgarh) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Nawa Raipur, District Raipur (Chhattisgarh) 2 - Collector, District Balrampur Ramanujganj (Chhattisgarh) 3 - Sub Divisional Officer (R), Sub Division- Kusmi, District Balrampur Ramanujganj (Chhattisgarh) 4 - Tehsildar, Tehsil- Samri, District Balrampur Ramanujganj (Chhattisgarh) 5 - Chief Municipal Officer, Nagar Panchayat Kusmi, District Balrampur Ramanujganj (Chhattisgarh) 6 - Station House Officer, Police Station Kusmi, District Balrampur Ramanujganj (Chhattisgarh) ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Kishore Narayan, Advocate For Respondent-State : Mr. Praveen Das, Dy. A.G. For Respondent-caveator : Mr. Pankaj Singh, Advocate Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 31/07/2025 1. By way of present writ petition, the petitioner seeking Digitally signed by JYOTI JHA Date: 2025.08.01 17:29:09 +0530 2 following relief(s);- 10.1 That, the Hon’ble Court may kindly be pleased to issue appropriate writ or mandamus or any other appropriate writ/order setting aside impugned notice dated 21.04.2025 (Annexure P/5) whereby, the Nagar Panchayat Kusmi has proposed to construct a shopping mall on the subject land owned by the petitioner, illegally and has directed the petitioner to vacate the land. 10.2 That, the Hon'ble court may kindly be pleased to issue appropriate writ of mandamus or any other appropriate writ/order setting aside impugned demarcation panchnama dated 12.06.2025 (Annexure P/10) in the interest of justice. 10.3 That, the Hon'ble court may kindly be pleased to issue appropriate writ of mandamus or any other appropriate writ/order setting aside impugned order of Tahsildar Kusmi dated 30.06.2025 in the demarcation proceedings bearing registration number 202505270500060/अ- 12/2024-25 (Annexure P/11) in the interest of justice. 10.4 That, the Hon'ble court may kindly be pleased to issue appropriate writ of mandamus or any other appropriate writ/order restraining the respondent authorities to further carry out any construction activity in the subject land owned by the petitioner or restrain them to interfere in any other manner in the subject land owned by the petitioner. 10.5 That, the Hon'ble court may kindly be pleased to issue appropriate writ of mandamus or any other appropriate writ/order directing the respondents to restore the possession of the petitioner in the subject land as the petitioner was illegally and forcefully evicted by the local administration and revenue authorities. 10.6 That, the Hon'ble court may kindly be pleased to issue appropriate writ of mandamus or any other appropriate writ/order directing the respondents for payment of compensation in the tune of rupees five lakhs for violation of his fundamental right of right to livelihood and occupation and towards pecuniary loss suffered by the petitioner in the process of illegal demolition of the shop and for loss of moveable property kept in the shop. 10.7 That, the Hon'ble Court may kindly be 3 pleased to pass any other order considering the special facts and circumstances of this case. 2. Learned counsel for the petitioner submits that the petitioner is owner of land situated at khasra no. 245/10 village Kusmi, PHN 6, Revenue Inspector Circle Tahsil Samri, District Balrampur Kusmi, Ramanujganj. This land is an agricultural land and the petitioner is having bhumi swami right in the land. This land has been inherited by the petitioner from his father and forefathers. 3. Learned counsel for the petitioner argued that the grievance of the petitioner is that the Nagar Panchayat Kusmi is unilaterally and forcefully preparing for construction of a shopping mall in the land of the petitioner. In this process, they have already levelled the land with the help of modern day's machine. Previously, the petitioner had filed a writ petition bearing number WPC No. 2681 of 2025 challenging the eviction notice wherein, this Hon'ble court passed an order dated 27.05.2025 wherein, petitioner was directed to pursue his already filed application for demarcation. The demarcation was initiated and subsequently the revenue authorities expressed their inability to demarcate the land on whimsical and baseless ground. Thereafter, proceeded with construction of shopping complex on the land of the petitioner, therefore he has filed the present writ petition. 4. Learned counsel for respondents opposed the submission 4 made by the learned counsel for the petitioner and with regard to the grievance of the petitioner, there is an alternative remedy is available to petitioner to file appeal under Section 44(1) of CG Land Revenue Code 1959. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the submission of the respondents and considering the facts and circumstances of the case, this Court is of the opinion that the relief sought by the petitioner in the present writ petition cannot be granted. However, the petitioner is at liberty to file application for correction of map, if he so wants. Accordingly, the present writ petition stands disposed of. 7. It is made clear that this Court has not observed anything on the merits of the case. SD/- (Arvind Kumar Verma) Judge Jyoti