1 2025:CGHC:48239 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4998 of 2025 1 - Nirbhay Chand Sahu S/o Ram Dhani Sahu Aged About 63 Years R/o Ward No. 5 Dipupara, Gorakhpur, Distt. Gaurela-Pendra-Marwahi, Chhattisgarh. 2 - Srijan Sahu S/o Late Shri Subhash Sahu Aged About 32 Years R/o Ward No. 5 Dipupara, Gorakhpur, Distt. Gaurela-Pendra-Marwahi, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, Distt. Raipur, Chhattisgarh. 2 - Secretary Public Works Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, Distt. Raipur, Chhattisgarh. 3 - Collector Distt. Gaurela-Pendra-Marwahi, Chhattisgarh. 4 - Executive Engineer Public Works Department, Pendra Road, Distt. Gaurela-Pendra-Marwahi, Chhattisgarh. 5 - Sub-Divisional Officer (Revenue) Pendra Road, Distt. Gaurela- Pendra-Marwahi, Chhattisgarh. 6 - Pandit Madhav Rao Sapre College Through Its Principal, Gaurela, Pendra Road, Distt. Gaurela-Pendra-Marwahi, Chhattisgarh. ... Respondent(s) ------------------------------------------------------------------------------------------------ For Petitioners : Mr. Achyut Tiwari, Advocate For Respondent-State : Mr. Satish Gupta, GA. ------------------------------------------------------------------------------------------------ 2 Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 19.09.2025 1. Petitioners have filed this writ petition with following reliefs: “10. RELIEF(S) SOUGHT: 10.1 That, this Hon'ble Court may kindly be pleased to call for the entire record pertaining to the case of the petitioners. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to consider and allow the complaints and applications (Annexure P/6) preferred by the petitioners, in accordance with law, in the interest of justice. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to conduct spot inspection (demarcation) in view of notice dated 25.08.2025 (Annexure P/7) and application (Annexure P/8) within stipulated time and till then kindly direct the respondent authorities to maintain status-quo over the property in question i.e. Khasra No. 140/28, Area 0.0810 Hectare and Khasra No. 140/61, Area 5.463 Hectare situated at Village Tikarkala, P.H. No. 19, Tehsil Pendra Road, District Gaurela- Pendra-Marwahi (C.G.), accordance with law, in 3 the interest of justice. 10.4 That any other relief, which this Hon'ble Court may deem fit and proper together with cost of the petition.” 2. Learned counsel for the petitioners submits that petitioners and their family members are owners of Khasra No.140/28 (Earlier Khasra No. 140/1Gh), Area 0.0810 Hectare (0.20 Acre), open land situated at Village Tikarkala, P.H. No. 19, R.N.M Gaurela, Tehsil Pendra Road, District Gaurela-Pendra-Marwahi (C.G.). Aforesaid property/land is the ancestral property of the petitioners, which is in peaceful possession of the petitioners and their ancestors since its purchase from 12.02.1971. Suddenly respondent authorities started marking over the property of the petitioners, upon asking it was informed to the petitioners that respondent authorities are going to construct Government Library over the said land without the permission and consent from the petitioners and also without intimating the petitioners about the aforesaid encroachment by the respondents authorities against which petitioners preferred various applications, complaints and representation before the respondent authorities but till date no action has been taken upon the said complaints. Petitioners further preferred an application for demarcation before the competent authority and paid the requisite fees, but till date demarcation of the aforesaid land has not been taken place. Hence, petitioner has came up before this Court with 4 aforementioned prayer. 3. Learned State Counsel contended that respondent-authority concerned shall demarcate the land of the petitioner expeditiously in accordance with law. 4. Heard learned counsel for the parties. 5. Considering facts of the case, above submissions of counsel for the parties, writ petition is disposed of directing the concerned respondent-authority to demarcate the land in question in accordance with law in the presence of respondent No.6 and other related persons within a period of ‘60 days’ from the date of receipt of copy this order. 6. It is made clear that this Court has not expressed any opinion on merits of the case. CC as per rules. Sd/- (Arvind Kumar Verma) Judge J.