1 2025:CGHC:45806 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4810 of 2025 1 - Gendram Sahu S/o Late Shri Durjan Ram Sahu Aged About 53 Years R/o Sendri Ward No. 9, Police Station Koni, Tahsil And District - Bilaspur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, M-2-08 Mahanadi Bhawan, New Raipur Atal Nagar, District - Raipur (C.G.) 2 - The Collector Bilaspur District - Bilaspur (C.G.) 3 - Sub Divisional Officer Bilaspur Tahsil And District - Bilaspur (C.G.) 4 - Tahsildar Bilaspur Tahsil And District - Bilaspur (C.G.) 5 - Subhash Chandra Mishra S/o R.S. Mishra Aged About 73 Years Proprietor Jay Gurudev Infrastructure R/o House No. As 89, Agye Nagar, Vyapar Vihar Bilaspur, Police Station Civil Line, Tahsil And District - Bilaspur (C.G.) ----Respondents (Cause-title taken from Case Information System) For Petitioner : Ms. M. Asha, Advocate For Respondent-State : Mr. Rishabh Bisen, P.L. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 09/09/2025 1. With the consent of the parties the matter is heard finally. 2. The challenge in the present writ petition is to the illegal act of the respondent No. 4, whereby without demarcation of the land, the respondent No. 4 is trying to demolished the paddy cultivated by the petitioner on his own private land bearing Khasra No. 1307/1 and 1308 total area 0.2340 hectare, for construction of road and for that, the respondent No. 4 went at the land of the petitioner with JCB and wanted 2 to demolished the paddy of the petitioner, which is illegal, arbitrary and bad in eye of law. 3. Learned counsel for the petitioner submits that the petitioner has private land bearing Khasra No. 1307/1 and 1308 total area 0.2340 hectare in Village - Sendari, Tahsil & Distt. Bilaspur (C.G.) which is duly recorded in his name in the revenue records, on the said land he has cultivated the paddy. The respondent no. 5 without any authority and right forcefully demolished the paddy cultivated (Ravi Fasal) of the petitioner for constitution of road for going to his land in the night on dated 16.02.2025. On the early morning when the petitioner acknowledges aforesaid illegal act of the respondent no. 5 who without any authority illegally demolished the paddy of the petitioner by spreading soil and crushed stone on the said land, therefore the petitioner made complaint on dated 17.02.2025 & 03.03.2025 before the Collector, Bilaspur against the illegal act of the respondent no. 5. 4. Learned counsel for the petitioner submits that after receiving the complaint the respondent no. 2 has directed the revenue authorities and as per the direction the respondent no. 3 directed to the respondent no. 4 for submitting enquiry report with regard to complaint made by the petitioner and on 21.03.2025 the respondent no. 4 submitted report before the respondent no. 3 and on the basis of the report the Sub Divisional Officer (revenue) Bilaspur vide order dated 24.03.2025passed the order and found that, the respondent no. 5 with the collusion of revenue authorities fraudulently obtained the aforesaid government land bearing Khasra No. 1309/1 area 1.00 acre out of total area 4.27 acre situated near the land of the petitioner. 3 5. Learned counsel for the petitioner submits that as per the aforesaid order the soil and crushed stone spread by the respondent no. 5 on the land of the petitioner was removed by the revenue authorities and possession was also given to the petitioner of the said part of land on which the respondent no. 5 trying to construct the road. Against the order dated 24.03.2025 the respondent no. 5 has filed appeal before the respondent no. 2 which is pending for consideration. 6. Learned counsel for the petitioner further submits that surprisingly on 28.08.2025 the respondent no. 4 without any notice went at the land of the petitioner on which he has cultivated paddy and trying to demolished the paddy for constructing the road on the private land of the petitioner bearing Khasra No. 1307/1 and 1308 area 0.2340 hectare alleging that, he has encroached the part of the government land bearing Khasra No. 1309/1 and directed to the petitioner to remove the paddy and possession within seven days otherwise they will demolished the paddy forcefully, but no demarcation was conducted, therefore the petitioner on 04.09.2025 submitted his representation with respect of the illegal act of the respondent no. 4 who without any notice wanted to remove the paddy cultivated by the petitioner on his private land and the petitioner has very much fear that, if the respondent no. 4 has demolished his paddy, then he cause huge irreparable loss. 7. Learned counsel for respondent-State submits that the petitioner may file application for demarcation of his land and the concerned authority may demarcate the land of the petitioner therefore the grievance of the petitioner can be resolved, if earlier no demarcation has been made on the said land. 4 8. I have heard learned counsel for the parties and perused the material available on record. 9. Looking to the grievance raised by the petitioner and considering the document Annexure P/1, particularly the fact that the petitioner is owner of the land of Khasra No. 1307/1 and 1308 area 0.2340 hectare which is adjacent of the land bearing khasra No. 1309/1, at this stage, this Court finds it appropriate to direct the petitioner to file application for demarcation of his land bearing Khasra No. 1307/1 and 1308 before the concerned Tehsildar within 7 days from today, in turn the Tehsildar is directed to demarcate the land of the petitioner with the help of the revenue authority in accordance with law/rules/regulation within a period of 45 days from the date of application for demarcation, filed by the petitioner after giving sufficient opportunity of hearing to the petitioner as well as respondent No. 5. 10. Meanwhile, till the application for demarcation of the petitioner is decided, no coercive steps shall be taken against the petitioner. 11. Moreover, if it is found that the petitioner is encroacher of the government land bearing khasra No. 1309/1, then the concerned authority may take action in accordance with law/rules/regulations. 12. It is made clear that this Court has not expressed anything on the merits of the case. 13. With the aforesaid direction, the writ petition is disposed of. Certified Copy Today Sd/- (Arvind Kumar Verma) Judge 5 Jyoti