1 2025:CGHC:47191 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4889 of 2025 1 - Fulbasan W/o Ravi, Aged About 34 Years R/o Village Nedgaon, Tehsil Manpur, District Mohla- Manpur- Ambagarh Chowki, (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Department Of Revenue, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (C.G.) 2 - Commissioner Durg Division, District Durg (C.G.) 3 - The Collector Mohla, District Mohla- Manpur- Ambagarh Chowki (C.G.) 4 - Sub Divisional O/cer (Revenue) Manpur, District Mohla- Manpur- Ambagarh Chowki (C.G.) 5 - Tahsildar Manpur, District Mohla- Manpur- Ambagarh Chowki (C.G.) 6 - Ramjee, S/o Mangalu, R/o Village Nedgaon, Tehsil Manpur, District Mohla- Manpur- Ambagarh Chowki (C.G.) ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Punit Ruparel, Advocate For Respondent-State : Mr. Nupur Trivedi, P.L. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 15/09/2025 1. With the consent of the parties the matter is heard 4nally. 2. By the present writ petition, petitioner being aggrieved by the order dated 24.04.2025 passed by the Board of Revenue Chhattisgarh Bilaspur in Revenue Revision Case No. R.N.30/R/A-770/295/2023 whereas the Board of Revenue Chhattisgarh Bilaspur a/rmed the order Digitally signed by JYOTI JHA Date: 2025.09.17 11:05:22 +0530 2 passed by Commissioner Durg Division Durg in Case No. 51/A- 70/2022-23 dated 25.07.2023. 3. The brief of facts is that the respondent No. 6 4le an application under Section 250 of Chhattisgarh Land Revenue Code while submitted that the respondent is the owner of the government land situated at Village Nedgaon Patwari Halka No. 16 Tehsil Manpur, District Mohala- Manpur-Ambagarh Chowk bearing Khasra No. 766/2 rakba 1.2140 hectare which was encroach by the petitioner, the subject land is demarcated in Case No. 10/A-12/2021-22 and after demarcation it is found that the petitioner is unauthorized in possession of some land and the respondent No. 6 is praying to given possession of the said land, that Tahsildar Manpur in Case No. 700035/A-70/2021-22 was registered and notice issued to the petitioner and after due process of law passed the order on and dismissed the application 4led by the respondent No. 6 holding that the petitioner is in possession of the land consistently and section 250 is not applied is that and subsequently dismissed the application 4led by respondent No. 6 under Section 250 of Chhattisgarh Land Revenue Code. 4. Learned counsel for the petitioner submits that being aggrieved by the order passed by the Tahsildar the respondent No. 6 approach the Sub Division O/cer Manpur in Appeal No. 400005/A-70/2022-23 which was allowed by the Sub Divisional O/cer on 24.03.2023 stated that the demarcation under favour of respondent No. 6 and which is conducted in presence of villagers and found that the petitioner is in possession of the respondent No. 6 land. The order passed by the Sub Divisional O/cer is challenged before the Commissioner Division Durg in Appeal 3 No. 51/A-70/2022-23 after due consideration the Commissioner passed the order on 25.07.2023 and dismissed the appeal while holding that the respondent No. 6 is 4led an application for demarcation along with Section 250 of Chhattisgarh Land Revenue Code, the petitioner is not challenge the demarcation report and also it is established that the petitioner is in possession of the respondent No. 6 land hence the a/rm order passed by Sub Divisional O/cer the order of the Commissioner is challenge before the Board of Revenue, the Board of Revenue also dismissed the Revision Case No. R.N.30/R/A- 70/295/2023 Board of Revenue after due process of law as well as the dismissed the revision. Hence, this petition. 5. Learned counsel for the respondent opposed the submission made by the learned counsel for the petitioner. 6. I have heard learned counsel for the parties and perused the documents. 7. Records and order passed by the Board of Revenue dated 24.04.2025 (Annexure P/5), it reveals that the respondent No. 6 has 4led an application for demarcation of land bearing khasra No. 766/2 area 1.2140 hectare land and the concerned revenue authorities has demarcated the land and found that the petitioner is encroacher of the land of the respondent No. 6 i.e. Kharsra No. 766/2. It is also fact that Khasra No. 766/6 belongs to the petitioner and the boundaries of both the lands i.e. Khasra 766/2 and khasra 766/6 are adjacent land. However, the petitioner has not made an application for demarcation of the land. 8. Therefore, the present writ petition is disposed of with a direction to the 4 petitioner to 4le an application for demarcation of the land bearing Khasra No. 766/6 area 1.012 hectare before the respondent No. 5 within a period of 15 days from the date of receipt of copy of this order. In-turn, the respondent No. 5-Tehsildar constitutes a team for demarcation of land of the petitioner and issue notice to all the concerned parties and thereafter, the Tehsildar shall demarcate the land of the petitioner in presence of petitioner and the respondent No. 5 and other concerned parties, as expeditiously as possible in accordance with law. 9. Accordingly, the petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti