1 / 4 2025:CGHC:48260 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5030 of 2025 Parwati Education Society Rajeev Nagar, Ring Road, Namnakala, Ambikapur Through- Its President Pramendra Tiwari, S/o Ashok Tiwari, Aged About 45 Years, R/o Ranisati Mandir Colony, Satipara, Ambikapur (C.G.) ... Petitioner versus 1 - The State of Chhattisgarh Through, Secretary Revenue and Disaster Management Mahanadi Bhawan, Atal Nagar Raipur Distt- Raipur (C.G.) 2 - The Collector Surajpur Distt- Surajpur (C.G.) 3 - The Sub- Divisional Officer (Revenue) Surajpur Distt- Surajpur (C.G.) 4 - The Tahasildar Latori Distt- Surajpur (C.G.) 5 - The Voice Chancellor Mahatma Gandhi Udyanikee Evam Vanikee Vishwavidyalaya, Durg Distt- Durg (C.G) 6 - The Dean Horticulture and Research Center Silfili Tahasil Latori, Distt- Surajpur (C.G.) 7 - The Divisional Forest Officer Surajpur , Distt- Surajpur (C.G.) ... Respondents For Petitioner : Mr. Rahul Mishra, Advocate For State : Mr. Satish Gupta, GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 19/09/2025 ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.09.19 18:12:15 +0530 2 / 4 1. The petitioner has filed the present petition challenging the impugned notice dated 15/09/2025 (Annexure P/1) issued by Respondent No.4 as well as the order dated 04/07/2025 (Annexure P/2) passed by Respondent No.2. 2. By way of the instant petition, the petitioner has prayed for the following reliefs:- 10.1 That, the Hon’ble Court may kindly be pleased to set-aside the impugned premeditated notice no. Q/okpd/rg0/2025 dated 15.09.2025 (Annexure P/1) issued by respondent no.4 without jurisdiction and also order dated 04.07.2025 (Annexure -P/2) passed by respondent no. 2 in Revenue Case No. 202402260100019/v-19/2023-24 being without jurisdiction as per the provision contained under Chhattisgarh Revenue Book Circular. 10.2 That, the Hon’ble Court may kindly be pleased to direct not to take any cohesive action against the petitioner’s society Collage Building pursuant to impugned order dated 04.07.2025 passed by respondent no. 2. 10.3 That, the Hon’ble Court may kindly be pleased to issue any other relief(s)/ order(s)/ direction(s) in favour of petitioner, which deemed fit & proper in the facts & circumstances of the case, in the interest of justice. 3. Learned counsel for the petitioner would contend that without demarcation of the land of the petitioner, the Tehsildar has issued notice Annexure P/1 against the petitioner. He would further contended that there is no proceeding initiated against the petitioner under Section 248 of the C.G. Land Revenue Code, 1959 and the petitioner has not encroached any government land. He would next 3 / 4 contend that the petitioner has constructed the College building on his own land i.e. the Khasra No.92/2. 4. Per contra, learned State counsel opposes the submissions made by learned counsel for the petitioner. 5. I have heard learned counsel for the parties at length and perused the documents with utmost circumspection. 6. Perusal of the documents would show that it is an admitted fact that the land bearing Khasra No.92/2, admeasuring 0.68 Acres, situated at Village Madanpur, R.I. Circle Pilkha, Tehsil Latori, District Surajpur, C.G. belongs to the petitioner and the adjacent land i.e. Khasra No.93, area 0.4200 Hectare, belongs to the Government. 7. Considering the entire facts & circumstances of the case and the submission made by learned counsel for the petitioner, instead of keeping this petition pending it is disposed of with a direction to the petitioner to file application before the Tehsildar, Latori, District Surajpur, C.G. for demarcation of the land bearing Khasra No.92/2, admeasuring 0.68 Acres situated at Village Madanpur, R.I. Circle Pilkha, Tehsil Latori, District Surajpur, C.G. within a period of 15 days from the date of receipt of copy of this order and on such application being filed, the Tehsildar, Latori, shall constitute a team and thereafter get the land of the petitioner demarcated under Section 129 of the C.G. Land Revenue Code, 1959 in presence of the petitioner and all concerned persons within a period of 30 days 4 / 4 from the date of application for demarcation and after demarcation if it is found that the petitioner has encroached any area of the government land i.e. the Khasra No.93, then they shall be at liberty to proceed in accordance with law. Till the demarcation is carried out, no coercive steps shall be taken against the petitioner. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu