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2025 DAILYLAW 42642 (CHH)

SARASWATI BAI v. STATE OF CHHATTISGARH

WPC/4819/2025 · 2025-09-10

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:46426 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4819 of 2025 1 - Saraswati Bai D/o Late Parsu Ram, Wd/o Late Ladu Sai Aged About 54 Years R/o Village - Tapkara, Tahsil - Farsabahar, District Jashpur Chhattisgarh 2 - Surjo Bai D/o Late Parsu Ram, W/o Sanjay Kumar Jaiswal Aged About 50 Years R/o Village - Tapkara, Tahsil Farsabahar, District Jashpur Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, General Administration Department, Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District - Raipur Chhattisgarh 2 - Collector Jashpur District Jashpur Chhattisgarh 3 - Tahsildar Farsabahar Tahsil - Farsabahar, District Jashpur Chhattisgarh 4 - Patwari Farsabahar, Tahsil Farsabahar, District Jashpur Chhattisgarh ---- Respondents For Petitioner : Mr. Malay Shrivastava, Advocate For State-respondent : Mr. Ajit Singh, Govt. Advocate 2 Hon'ble Shri Justice Arvind Kumar Verma Order on Board 11/09/2025 1. By way of this petition, petitioner sought following relief(s) : “i. That, this Hon'ble Court may kindly pleased to issue a writ of mandamus directing Respondents No. 2 to 5 to forthwith comply with the orders of the Tahsildar, Farsabahar, dated 07.04.2025 and to conduct immediate demarcation of the Petitioner's land situated at Village Tapkara, Tahsil Farsabahar, District Jashpur (C.G.), recorded in Khasra No.608/24, area 1.619 hectares. ii. That, this Hon'ble Court may kindly direct the Respondents to complete the demarcation process within a fixed time frame as may be specified by this Hon'ble Court. iii. Any other relief, which this Hon'ble Court deems fit and proper, may also kindly be granted to the Petitioner, in the interest of justice.” 2. Learned counsel for the petitioner contended that the Petitioner is the recorded owner of agricultural land at Village Tapkara, Tahsil Farsabahar, District Jashpur, bearing Khasra No. 608/24, area 1.619 hectares. The petitioner has applied for demarcation under Section 129 of the Chhattisgarh Land Revenue Code, 1959, due to boundary disputes and threat of encroachment. The Tahsildar registered Case No. A-12/2024-25 and by order dated 07.04.2025 and vide letter 3 No. 2287/Vachak-1/A-12/2025, directed the Revenue Inspector and Patwari to conduct demarcation and submit report, but no action has been taken till date. In the meantime, land mafias attempted encroachment and threatened the Petitioners; despite her complaint to the Police Commissioner, Ambikapur on 15.07.2025, no protection was provided. Hence, the present petition. 3. Learned State counsel contended that he has no objection. 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 instead of keeping this petition pending, I find it appropriate to dispose of the same at this stage directing to respondents No.3 and 4 to demarcate the land of the petitioner after giving notice to all the concerned persons expeditiously preferably within a period of ‘90 days’ from the date of receipt of copy of this order in accordance with rules, regulations and law. 6. It is made clear that this Court has not expressed any opinion on the merits of the case. 7. With the aforesaid direction, this petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant